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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