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Home My WebLink AboutCity of Tamarac Ordinance O-2003-014Temp Ord #2009 — May 29, 2003 Revision No. 1 — June 2, 2003 Page 1 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-2003-14 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, SECTIONS 163.3184 AND 163.3187 OF THE FLORIDA STATUTES, CONCERNING A SMALL-SCALE LAND USE PLAN AMENDMENT PROPOSAL BY PRESTIGE HOMES, INC. TO CHANGE THE USE OF LAND DESCRIBED AS PARCEL "A" OF THE "SOUTHGATE AT NOB HILL PLAT", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 170, PAGES 40 AND 41 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, LOCATED AT THE SOUTHEAST CORNER OF NOB HILL ROAD AND SOUTHGATE BOULEVARD, FROM COMMERCIAL TO LOW MEDIUM RESIDENTIAL (5-10 DU/AC) THROUGH ISSUANCE OF FIFTY-THREE (53) FLEXIBILITY UNITS TO ALLOW FOR THE CONSTRUCTION OF FIFTY-THREE (53) RESIDENTIAL TOWN HOME UNITS COMPRISING APPROXIMATELY4.54 NET ACRES AND 6.24 GROSS ACRES (CASE NO. 2- 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 #2009 — May 29, 2003 Revision No. 1 — June 2, 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 April 2, 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), South Florida Regional Planning Council and any other person or entity requesting a copy pursuant to Section 163.3187(1), Florida Statutes and Rule 9J-11-015, Florida Administrative Code; and WHEREAS, pursuant to Section 163.3187(3)(a), Florida Statutes, DCA shall not review or issue a Notice of Intent for small-scale development amendments which satisfy the requirements of Section 163.3187(1)(c), Florida Statutes; 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 Temp Ord #2009 — May 29, 2003 Revision No. 1 — June 2, 2003 Page 3 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, Sections 163.3184 and 163.3187 of the Florida Statutes, concerning a Small -Scale Land Use Plan Amendment proposal by Prestige Homes, Inc. to change the use of land described as Parcel "A" of the "Southgate at Nob Hill Plat", according to the Plat thereof as recorded in Plat Book 170, Pages 40 and 41 of the Public Records of Broward County, Florida, located at the southeast corner of Nob Hill Road and Southgate Boulevard, from Commercial to Low Medium Residential (5-10 du/ac) through issuance of fifty-three (53) flexibility units to allow for the construction of fifty-three (53) residential town home units comprising approximately 4.54 net acres and 6.24 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; Temp Ord #2009 — May 29, 2003 Revision No. 1 — June 2, 2003 Page 4 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. SECTION 3: That the Land Use Plan Amendment to the certified Land Use Plan of the City of Tamarac (Case No. 2-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 Low Medium Residential (5-10 du/ac), is hereby adopted and shall become effective thirty-one (31) days after adoption, and upon the expiration of a thirty (30) day period during which an affected person may request a hearing to challenge the compliance of a small-scale amendment. This amendment shall be construed as permitting a maximum of fifty- three (53) 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. Temp Ord #2009 May 29, 2003 Revision No. 1 — June 2, 2003 Page 5 SECTION 7: This Ordinance shall become effective thirty-one (31) days from adoption and upon the expiration of a thirty (30) day period during which an affected person may request a hearing to challenge the compliance of a small-scale amendment. PASSED, FIRST READING this 11th day of June, 2003. PASSED, SECOND READING this 'Z55day of 0 JOE SCHREIBER MAYOR , 2003. ATTEST: RECORD OF COMMISSION VOTE: 1st Re ing MARION S\fVENSON, CMC MAYOR SCHREIBER CITY CLERK DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALABISC DIST 3: COMM. SULTANOF DIST 4: V/M ROBERTS %ALL I HEREBY CERTIFY that U I have approved this ORDINANCE as to form. RECORD OF COMMISSION VOTE: 2nd Read MAYOR SCHREIBER l DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALABISCO DIST 3: COMM. SULTANOF DIST 4: V/M ROBERTS .-Y ZLOQ '-k-) MITCHELL S. KRAF / CITY ATTORNEY com m dev\u:\pats\userdata\wpdata\ord\2009ord 1 Temp Ord #2009 --- May 29, 2003 Revision No. 1 — June 2, 2003 Page 6 1 1 EXHIBIT "A" TEMP ORD #2009 The request for Land Use Plan amendment for the Prestige Commons Town Home Development is consistent with the following Goals, Objectives and Policies of the City of Tamarac Comprehensive Plan: Future Land Use Plan Element: POLICY 1.5 POLICY 1.6 OBJECTIVE 4 The City will provide for land use categories in the Future Land Use Element and Map which allow for the continued development of housing at a variety of densities, for a variety of lifestyles; including, but not limited to, retirement housing and family housing. OBJECTIVE 9 The City of Tamarac will continue to keep in place subdivision and other land development regulations which promote well planned, orderly, and attractive development which is consistent with the City's adopted Capital Improvement Element and with the goals, objectives, and policies of the Broward County Land Use Plan. POLICY 9.1 POLICY 9.3 POLICY 9.5 OBJECTIVE 10The City will continue to implement land use controls which promote neighborhoods (residential and nonresidential) that are attractive, well maintained, and that contribute to the health, safety, and welfare of their residents and users. POLICY 11.1 POLICY 16.1 The proposed Land Use Plan Amendment is consistent with the following Goals, Objectives and Policies of the Broward County Land Use Plan: GOAL 01.00.00 PROVIDE RESIDENTIAL AREAS WITH A VARIETY OF HOUSING TYPES AND DENSITIES OFFERING CONVENIENT AND AFFORDABLE HOUSING OPPORTUNITIES TO ALL SEGMENTS OF BROWARD COUNTY'S POPULATION WHILE MAINTAINING A DESIRED QUALITY OF LIFE AND ADEQUATE PUBLIC SERVICES AND FACILITIES. OBJECTIVE 01.01.00 RESIDENTIAL DENSITIES AND PERMITTED USES IN RESIDENTIAL AREAS Accommodate the projected population of Broward County by providing adequate areas on the Future Broward County Land Use Plan Map (Series) intended primarily for residential development, but which also permit those non-residential uses that are compatible with and necessary to support residential neighborhoods. OBJECTIVE 01.03.00 CORRELATION OF RESIDENTIAL DENSITIES WITH TRANSPORTATION FACILITIES Correlate the impacts of residential development with the regional roadway network of Broward County and all existing and planned transit facilities to ensure the adequacy and safety of all transportation facilities. POLICY 01.03.01 GOAL 08.00.00 PHASE GROWTH CONSISTENT WITH THE PROVISION OF ADEQUATE REGIONAL AND COMMUNITY SERVICES AND FACILITIES OBJECTIVE 08.01.00 COORDINATE FUTURE LAND USES WITH AVAILABILITY OF REGIONAL AND COMMUNITY FACILITIES AND SERVICES Coordinate future land uses with the availability of regional and community facilities and services sufficient to meet the current and future needs of Broward County's population and economy without endangering its environmental resources. Local Development Review POLICY 08.01.01 POLICY 14.02.00 POLICY 14.02.01 PRESTIGE COMMONS TOWN HOMES CASE NO. 2-LUA-03 - TEMP ORD #2009 =77 S-1 N 300 0 300 Feet CITY COMMISSION June 11, 2003 t. CITY OF TAMARAC Land Use Plan Amendment J. Christopher King 7525 N.W. 88th Ave.. Tamarac, Florida 33321-2401 Director Telephone! (954) 724-1292 Community Development Facsimile: 724-2453 I Compiled by: 5MR Date: 5/29/03 FILE No . 748 02 2S ' 03 13 : 50 I D : CARNAHA%PP.GCTGR&CRGSS FAX *5 ' -` 24173 PAGE 2/ 2 DESIGNATION OF AGENT r FOR QUASI-JUDICIAL PROCEEDINGS DATE: CASE NO,: — - IN THE MATTER OF: ANY PERSON APPEARING ON YOUR BEHALF, IN YOUR ABSENCE, MUST 8E DESIGNATED AS YOUR AGENT ON THIS FORM OR SUCH PERSON WILL NOT BE ENTITLED TO SPEAK AT THE QUASI-JUCIDIAL HEARING AND THE MATTER MAY BE DETERMINED WITHOUT THE BENEFIT OF THEIR TESTIMONY. Jav Huebner WILL ATTEND THE QUASI-JUDICIAL. (insert name of Agent) . HEARING 'TO BE HELD ON to be determined IN NAY ABSENCE. IN ADDITION, -►�� HAS MY PERMISSION TO ACT AS -MY AGENT'IN ALL MATTERS RELATING TO ANY PROCEEDINGS RELATED TO _Uathe st corner of Nab HI11 & Southgate Blvd.. (Address of subject property) r THIS FORM MUST BE RETURNED PRIOR TO THE QUASI-JUDICIAL HEARING. SIGNATURE OF : WNER.- NAMEIADDRESS AND PHONE NO. OF DESIGNATED AGENT: e ne Bruce Chait (Print Name of Owner) STATE OF FLORIDA: COUNTY OF BROWARD: Carnahan Proctor& Cross, Inc. (Print Name of Designated Agent) 6101 W. Atlantic B vd, Margate, FL. 33063 Phone: 934-972--3959 Fax: 954-972-4178 The foregoing instrument was acknowledged before me this day of owner of property, who Is personally known to me or hag produced Identification ( land (type of identification) who (didldid not) take an oath. My Commission Expires: Kim L 7 083 �wmuaodon 9 cc �41-516 HGtX�"C�ra Not3ty,Public State 6f Flarida� (Type ar print name of Notary)