HomeMy WebLinkAboutCity of Tamarac Ordinance O-1997-023September 25, 1996 - Temp. Ord. #1772 1
Revision No. 1 - April 23, 1997
Revision No. 2 -- September 26, 1997
CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0-97-6Z 3
AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF TAMARAC, FLORIDA ;
AMENDING PRIOR ZONING OF CERTAIN
REAL ESTATE PROPERTY FROM B-1
(NEIGHBORHOOD BUSINESS DISTRICT) AND
B-5 (LIMITED BUSINESS DISTRICT) TO B-2
(COMMUNITY BUSINESS DISTRICT); LANDS
COMMONLY KNOWN AS THE FOUNTAINS
CORPORATE CENTER AND LEGALLY
DESCRIBED AS ALL OF THE FOUNTAINS
CORPORATE CENTER, PARCELS A AND C ,
ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 139, PAGE 44, OF
THE PUBLIC RECORDS OF BROWARD
COUNTY, FLORIDA, TOGETHER WITH A
PORTION OF A 106.00 FOOT RIGHT-OF-WAY
OF THE PUBLIC RECORDS OF BROWARD
COUNTY, FLORIDA; LOCATED ON THE
SOUTH SIDE OF NW 57 STREET, EAST OF NW
63 AVENUE, AND NORTH OF COMMERCIAL _
BOULEVARD; CASE NO. 12-Z-95; PROVIDING
FOR AMENDMENT OF THE OFFICIAL ZONING
MAP TO REFLECT SUCH CHANGE;
PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
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
regarding the rezoning of the property described herein 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; and
September 25, 1996 - Temp. Ord. #1772 2
Revision No. 1 - April 23, 1997
Revision No. 2 - September 26, 1997
WHEREAS, the public hearing has been held on Case No. 12-Z-95 by the City
Commission pursuant to the Charter and Florida State Statutes; and
WHEREAS, the City Commission of the City of Tamarac has deemed it to be in the
best interest of the citizens and residents of the City of Tamarac to rezone the property
from B-1 (Neighborhood Business District) and B-5 (Limited Business District) to B-2
(Community Business District); lands commonly known as the Fountains Corporate Center
and legally described as all of the Fountains Corporate Center, Parcels "A" and "C",
according to the Plat thereof, as recorded in Plat Book 139, Page 44, of the Public Records
of Broward County, Florida, together with a portion of a 106.00 foot right-of-way of the
Public Records of Broward County, Florida; located on the south side of NW 57 Street,
east of NW 63 Avenue, and north of Commercial Boulevard; and
WHEREAS, on September 18, 1996, the Planning Commission held a duly
advertised Public Hearing and recommended approval of the rezoning; and
WHEREAS, on October 9, 1996 and June 25, 1997, the City Commission held a
duly advertised Public Hearing and tabled approval of the rezoning upon the applicant's
request; and
WHEREAS, on July 9,1997, the City Commission held a duly advertised Public
Hearing and tabled approval of the rezoning; and
WHEREAS, the Director of Community Development recommends approval of this
request; and
September 25, 1996 - Temp. Ord. #1772 3
Revision No. 1 - April 23, 1997
Revision No. 2 - September 26, 1997
WHEREAS, the City Commission of the City of Tamarac, Florida, deems the
rezoning to be consistent with the City of Tamarac Comprehensive Plan;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: That the foregoing whereas clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this Ordinance
upon adoption hereof.
SECTION 2: That those lands described in Exhibit A attached hereto and
made a part hereof are hereby rezoned from B-1 (Neighborhood Business District) and B-5
(Limited Business District) to B-2 (Community Business District).
SECTION 3: That the official zoning map of the City of Tamarac shall be
changed to reflect such zoning, said changes to be made by the Director of Community
Development, together with the effective date of this Ordinance.
SECTION 4: The applicant shall record the document entitled, "Amendment
To And Restatement Of Declaration Of Covenants And Restrictions" (attached as Exhibit
"B") in the Public Records of Broward County within thirty (30) days of the final approval
of this Ordinance.
SECTION 5: All Ordinances or parts of Ordinances in conflict herewith are
hereby repealed to the extent of such conflict.
1
1
September 25, 1996 - Temp. Ord. #1772 4
Revision No. 1 - April 23, 1997
Revision No. 2 - September 26, 1997
SECTION 6: If any provision of this Ordinance or the application thereof to
any person or circumstance is held invalid, such invalidity shall not affect other provisions
or applications of this Ordinance that can be given affect without the invalid provision or
application, and to this end the provisions of this Ordinance are declared to be severable.
SECTION 7: This Ordinance shall become effective immediately upon its
passage and adoption.
PASSED, FIRST READING this day of Q �� , 1997.
PASSED, SECOND READING this cZkday of `' , 1997.
ATTEST:
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I
have approved this
Pi�SOLUTION as to form.
Tt HELL 4K'
CITY ATTORNEY
community devlcAuserdata\wpdata\ ord\1772ord\ps
JOE SCHREIBER
MAYOR
RECORD OF COMM
MAYOR SCHREIBER
DIST 1: COMM. McKAYE
DIST 2: WM MISHKIN
DIST 3: COMM. SULTAN(
DIST 4: COMM. ROBERT;
VOTE
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BradyBra
1318 S.B. Second Avenue
Fort Lauderdale, Florida 33316
Folio No.
AMENDMENT TO AND RESTATEMENT OF
DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARATION of Covenants and Restrictions is made as of
this day of September, 1997, by and between James C. Brady
and Richard G. Coker, Jr., being all of the partners of Fountains
Corporate Center, a Florida general partnership ("Owner" or
"Declarant"), the title holders of record of the following -
described property located in Broward County, Florida, to -wit:
Parcels A, B and C of FOUNTAINS CORPORATE CENTER,
according to the Plat thereof, recorded in Plat Book
139, Page 44 of the Public Records of Broward County,
Florida ("Property").
W I T N E S S E T H:
WHEREAS, the Property is subject to that certain Declaration
Of Covenants and Restrictions recorded on August 12, 1985, in
Official Records Book 12741, Page 553, of the Public Records of
Broward County, Florida, and
WHEREAS, the Property is subject to that certain Developer's
Agreement dated April 21, 1986, pursuant to City Resolution R-85-
359, recorded in Official Records Book 13339, Page 620, as amended
by that certain unrecorded Amended Developer's Agreement last
executed on March 12, 1986, further amended by that certain Second
Amendment to Developer's Agreement pursuant to City Resolution R-
EXHIBIT "B"
86-426 recorded on April 6, 1987, in Official Records Book 14318,
Page 814
4 , all of the Public Records of Broward County, Florida,
WHEREAS, the City and the Owner deem it to be in the best
interest of the health, safety and welfare of the community to
modify and remove the said Declaration of Covenants and
Restrictions, as well as the Developer's Agreement, Amended
Developer's Agreement and Second Amended Developers Agreement and
to substitute therefor the following,
NOW, THEREFORE, in consideration of the mutual covenants
herein contained, and in consideration of the joinder herein by
the City of Tamarac, the undersigned Owners of the Property hereby
voluntarily make the following declaration of covenants and
restrictions covering the Property, specifying that this
Declaration of Covenants and Restrictions shall constitute
covenants running with the land, binding upon the Declarant and
all persons deriving or taking title through the Declarant.
1. These restrictions, during their lifetime, shall be for
the benefit of the City of Tamarac, Florida.
2. The Developer's Agreement dated April 21, 1986, pursuant
to City Resolution R-85-359, recorded in official Records Book
13339, Page 620, as amended by that certain unrecorded Amended
Developer's Agreement last executed on March 12, 1986, further
amended by that certain Second Amendment to Developer's Agreement
pursuant to City Resolution R-86-426 recorded on April 6, 1987, in
Official Records Book 14318, Page 814, all of the Public Records
of Broward County, Florida, are hereby deleted, cancelled and
removed, in their entireties an
d this Amendment To and Restatement
2
Of Declaration of Covenants and Restrictions is substituted
therefor
without reimposing the aforedescribed.
3. The Property shall be subject to the following
restrictions:
a. Notwithstanding the applicable zoning district
regulations, the following uses shall be prohibited:
Amusement centers, indoors
Amusement center, exterior
Armored car service offices
Auditorium
Auto repair
Auto Tire, new retail and installation
Auto wash racks, as accessory use
Bars, not in restaurants
Billiard rooms, pool rooms
Blood bank
Boat rentals
Bondsmen
Bowling alleys
Caterers
Churches, places of worship, Sunday school,
.convents, parish houses
Cocktail lounges
Curb or auto service restaurants
Eleemosynary Institutions
Express companies
Feed and seed suppliers
Funeral homes
Garage, including mechanical services
Gasoline and oil filling stations with usual
accessory uses
Guns, retail
Gymnasium
Halls for hire
Hospital
Ice Distributing depot
Insect and rodent exterminating
Launderettes
Launderettes, with on -premises drycleaning
facilities
Laundry establishment, without on -premises washing
Lodge halls
Motorcycle sales and service
Parcel delivery service
Parking, commercial
Pawnshops
Pet shops
3
Restaurant with drive in window
School for profit -- vocational or trade
Supermarkets
Theaters
Tire, battery and accessories, automotive; retail
and installation
Vehicular and boat maintenance
Waiting rooms and ticket offices for transportation
system
Water treatment, pool equipment and chemicals
b. Except as otherwise provided herein, the subject
Property shall be limited to the uses permitted under the city of
Tamarac Zoning District B-2, as the same is amended from time to
time.
C. There shall be no pedestrian or vehicular or
construction ingress or egress onto or from N.W. 57th Street at or
along the northerly border of the Property.
d. There shall be a rigid six ( 6 ) foot high solid wall,
without openings,, constructed parallel to the north
erly border of
the Property; provided, however, that the wall may have one (1)
maintenance door opening which shall be provided with a locking
device and which shall be kept closed and locked except for the
purpose of allowing maintenance workers and equipment access to
the rear five (5) foot landscaped area for maintenance purposes.
The wall shall be constructed on the mid -line of the required ten
(10) foot landscaping setback so as to provide approximately five
(5) feet of landscaping on the northerly side of the wall and five
(5) feet of landscaping on the southerly side of the wall.
e. The Owner shall re -design and re -construct a cul-de-
sac at
the terminus of N.W. 57th
Street immediately
to the north
of the
northerly boundary line of
the Property prior
to requesting
0
a Certificate of Occupancy for any part of the development of the
Property and
P Y such re -design and re -construction shall be in
accordance with the City,s standards. The approval of such design
and reconstruction drawings shall be a condition precedent to the
approval of any site plan.
f. There shall be no point of public ingress and egress
except at the curb cut shown on the Plat of the Fountains
Corporate Center as the same is extended to the northerly right-
of-way line of Commercial Boulevard.
g. The Owner will provide for a cross -parking
easement(s) and record the same in order to provide parking to
serve the uses through the Property.
h. As to Parcel B of the Plat, all necessary easements
will be provided in favor of the City or appropriate party
providing utilities to the site for those utilities presently
existing within Parcel B.
4. These covenants and restrictions are to run with the land
and shall be binding upon all parties and persons deriving or
taking title through the Declarant for a period of ninety-nine
(99) years from the date these covenants are recorded in the
Official Records of Broward County, Florida. This Declaration of
Covenants and Restrictions may be amended or removed only by the
City of Tamarac, by written document of equal formality and
dignity and with the approval of the Declarant or its successors
in title or assigns after holding the requisite advertised public
hearing and adoption of appropriate resolution. Any amendment to
5
this Declaration of Covenants and Restriction or termination
thereof shall be recorded in the Public Records of Broward County,
Florida.
5. The invalidation of any one portion of this Declaration
of Covenants and Restrictions or any portion of this documents by
judgment or by court order in no way shall affect any other
provision which shall remain in full force and effect.
6. This Declaration of Covenants and Restriction is executed
for the purposes of protecting the health, safety and welfare of
the occupants of the above -described lands.
IN WITNESS WHEREOF, the undersigned has caused these presents
to be executed this day off 1997.
Signed, sealed and delivered
in the presence of:
C✓�0"X . FOUNTAINS CORPORATE CENTER,
a Flori genera ship
Printed Name
By:
ES C. BRADY
° PrintedName art er
witnesses as to James C. Brady 1-1
V.
c 5 :—LZZ!5
PrintedName RICHARD G. COK , JR.
Partner
Printed Name
Witnesses as to Richard G. Coker, Jr.
STATE OF FLORIDA )
) SS:
COUNTY OF BROWARD )
The foregoing instrument was acknowledged before me on this
6
_ "! P-Aday of ( 1997, by JAMES C . BRADY and RICHARD G.
COKER JR.
r , partners Of FOUNTAINS CORPORATE CENTER a Florida
general partnership, who are personally known to me.
A37 3 \nsc-cov.uro
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Signature•v Notary 6hofficer
Notarial Seal (stamped in black ink)
. «ttttttttt��«cart«tttttttttt`t�tttttttttttt �
• "w n� C. F. Johnston
c
Notary Public, State of Florida c
F� Commission No. CC 37019d i
OP aaMY Commission Expires 0411919S �
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Printe
State of Florida Commission Number:
7
Cj
FOUNTAINS CORPORATE CENTER
(CASE NO. 'I-Z-95)
CITY COMMISSION
OCT013ER 8, 1997
of Tamarac
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