HomeMy WebLinkAboutCity of Tamarac Ordinance O-2003-012Temp Ord #1998 — February 20, 2003
Page 1
CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0-2003- 0-�—
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, ADOPTING
AN AMENDMENT TO THE LAND USE ELEMENT
OF THE CITY COMPREHENSIVE PLAN IN
ACCORDANCE WITH CHAPTER 163, SECTION
163.3184 OF THE FLORIDA STATUTES,
CONCERNING A LAND USE PLAN AMENDMENT
PROPOSAL BY HOLLAND AND KNIGHT, LLP TO
CHANGE THE USE OF LAND DESCRIBED AS A
PORTION OF TRACT 15 OF THE " FORT
LAUDERDALE TRUCK FARMS SUBDIVISION"
PLAT, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 4, PAGE 31 OF THE
PUBLIC RECORDS OF BROWARD COUNTY,
FLORIDA, LOCATED AT THE NORTHWEST
CORNER OF NW 79TH AVENUE AND NW 57T"
STREET, FROM COMMERCIAL TO MEDIUM
RESIDENTIAL (10-16 DU/AC) THROUGH
ISSUANCE OF ONE -HUNDRED (100) FLEXIBILITY
UNITS TO ALLOW FOR THE CONSTRUCTION OF
ONE -HUNDRED (100) RESIDENTIAL
TOWNHOME UNITS; COMPRISING OF
APPROXIMATELY 6.78 NET ACRES AND 8.52
GROSS ACRES (CASE NO. 1-LUA-03);
PROVIDING FOR AMENDMENT TO THE LAND
USE ELEMENT TO REFLECT SUCH CHANGE;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR 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, Florida, pursuant to said Local Government
Comprehensive Planning Act, and in accordance with all its terms and provisions, has prepared
Temp Ord #1998 — February 20, 2003
Page 2
and adopted a comprehensive plan which has been submitted to and reviewed by the South
Florida Regional Planning Council (SFRPC) and the State Department of Community Affairs
(DCA); and
WHEREAS, the Planning Board of the City of Tamarac has reviewed this Land Use Plan
Amendment to the Land Use Plan of the City of Tamarac on February 19, 2003 as described in
Exhibit " A" (attached hereto) and made a part of this Ordinance; and has made a
recommendation of approval to the City Commission; and
WHEREAS, this amendment will be transmitted to the State of Florida Department of
Community Affairs (DCA) for review; and
WHEREAS, the Director of Community Development recommends approval; and
WHEREAS, the City Commission of the City of Tamarac has held public hearings on this
amendment to the Land Use Plan Element of the Comprehensive Plan; and
WHEREAS, this amendment located within the City of Tamarac will be submitted to the
Broward County Planning Council for recertification upon adoption by the City Commission on
Second and Final Reading; 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 adopt an amendment to the Land
Use Element of the City Comprehensive Plan in accordance with Chapter 163, Section
163.3184 of the Florida Statutes, concerning a Land Use Plan Amendment proposal by Holland
and Knight, LLP to change the use of land described as a Portion of Tract 15 of the "Fort
Lauderdale Truck Farms Subdivision" Plat, according to the Plat thereof as recorded in Plat
Temp Ord #1998 — February 20, 2003
Page 3
Book 4, Page 31 of the Public Records of Broward County, Florida, located at the northwest
corner of NW 791h Avenue and NW 57th Street, from Commercial to Medium Residential (10-16
du/ac) through issuance of one -hundred (100) flexibility units to allow for the construction of
one -hundred (100) residential townhome units; comprising of approximately 6.78 net acres and
8.52 gross acres.
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 the Ordinance upon
adoption hereof.
SECTION 2: The City Commission has reviewed the application and find the
following:
1. The application is consistent with the goals, objectives and policies of the City of
Tamarac Comprehensive Plan;
2. The characteristics of the surrounding area and the characteristics included in
the proposed development are compatible;
3. The City of Tamarac has the ability or will have the ability to provide necessary
services for the additional demand for public facilities.
1
Temp Ord #1998 — February 20, 2003
Page 4
SECTION 3: That the Land Use Plan Amendment to the certified Land Use Plan
of the City of Tamarac (Case No. 1-LUA-03) reviewed by the Planning Board and approved by
the City Commission, attached hereto and made a part of this ordinance, as shown on Exhibit
" A" from Commercial to Medium Residential (10-16 du/ac), is hereby adopted and shall become
effective upon the expiration of a twenty-one (21) day appeal period subsequent to the
publishing of a Notice of Intent to find in compliance by the State of Florida Department of
Community Affairs (DCA). This amendment shall be construed as permitting a maximum of
one -hundred (100) residential units to be constructed on the property described in Exhibit "A" .
SECTION 4: That the Director of Community Development 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 5: All Ordinances or parts of Ordinances, and all Resolutions or parts
of Resolutions in conflict herewith are hereby repealed to the extent of such conflict.
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.
n
1
1
1
Temp Ord #1998 — February 20, 2003
Page 5
SECTION 7: This Ordinance shall become effective immediately upon the
expiration of a twenty-one (21) day appeal period subsequent to the publishing of a Notice of
Intent to find in compliance by the State of Florida Department of Community Affairs (DCA).
PASSED, FIRST READING this 9th day of April, 2003.
PASSED, SECOND READING this 25th day of June, 2003
ATTEST:
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
have approved this
ORDINANCE as to form.
F
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE: 1st Reading
MAYOR SCHREIBER
AYE
DIST 1:
COMM. PORTNER
AYE
DIST 2:
COMM. FLANSBAUM-TALABISCO
AYE
DIST 3:
COMM. SULTANOF
AYE
DIST 4:
V/M ROBERTS
AYE
RECORD OF COMMISSION VOTE: 2nd Reading
MAYOR SCHREIBER AYE
DIST 1: COMM. PORTNER AYE
DIST 2:
DIST 3:
T4:
MITCHELL S. KRAR
CITY ATTORNEY
com m dev\u:\pats\userdata\wpdata\ord\1998ord
COMM. FLANSBAUM-TALABISCO AYE
COMM. SULTANOF AYE
V/M ROBERTS AYE