HomeMy WebLinkAboutCity of Tamarac Ordinance O-2004-007Temp. Ord. #2036 — January 22, 2004
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CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0-2004- d7
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 OF SOUTH FLORIDA, INC. TO
CHANGE THE USE OF LAND DESCRIBED AS
PARCEL "A" OF THE "BRUCE PLAT",
ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 135, PAGE 11 OF
THE PUBLIC RECORDS OF BROWARD
COUNTY, FLORIDA, LOCATED AT THE
SOUTHEAST CORNER OF UNIVERSITY DRIVE
AND NW 64T" STREET, FROM COMMERCIAL
TO LOW MEDIUM (5-10 DU/AC) RESIDENTIAL
THROUGH ISSUANCE OF EIGHTY-SEVEN (87)
RESERVE UNITS AND THIRTEEN (13) FLEX
UNITS TO ALLOW FOR THE CONSTRUCTION
OF ONE -HUNDRED (100) RESIDENTIAL TOWN
HOME UNITS COMPRISING APPROXIMATELY
OF 8.19 NET ACRES AND 9.98 GROSS ACRES
(CASE NO. 01-LUA-04); 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 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
Temp. Ord. #2036 — January 22, 2004
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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 January 21, 2004 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 interests 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 of South Florida, Inc. to change the use
of land described as Parcel "A" of the "Bruce Plat", according to the Plat thereof as
recorded in Plat Book 135, Page 11 of the Public Records of Broward County, Florida,
Temp. Ord. #2036 — January 22, 2004
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located at the southeast corner of University Drive and NW 64' Street, from Commercial to
Low -Medium (5-10 du/ac) Residential through issuance of eighty-seven (87) reserve units
and thirteen (13) flex units to allow for the construction of one -hundred (100) residential
town home units comprising approximately of 8.19 net acres and 9.98 gross acres (Case
No. 01-LUA-04).
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 finds 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.
SECTION 3: That the Land Use Plan Amendment to the certified Land Use
Plan of the City of Tamarac (Case No. 01-LUA-04) 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
Temp. Ord. #2036 — January 22, 2004
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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 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.
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SECTION 7:
passage and adoption.
Temp. Ord. #2036 — January 22, 2004
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This Ordinance shall become effective immediately upon its
PASSED, FIRST READING this // 7 day of , 2004.
PASSED, SECOND READING this day of , 2004.
JOE SCHREIBER
MAYOR
ATTEST:
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
ORDINANCE as to form.
MITCHELL KF
CITY ATTORN
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RECORD OF COMMISSION VOTE: 1st Real
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: COMM. FLANSBAUM-TALABISCO
DIST 3: COMM. SULTANOF
DIST 4: V/M ROBERTS i
ing
RECORD OF COMMISSION VOTE: 2nd Reading
MAYOR SCHREIBER
ST 1: COMM. PORTNER
DIST 2: COMM. FLANSBAUM-TALABISCO
DIST 3: COMM. SULTANOF
DIST 4: V/M ROBERTS ��
EXHIBIT "A"
�J
TEMP ORD #2036
The request for Land Use Plan amendment for the Bruce Plat 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 10 The 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.
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EXHIBIT "A"
TEMP ORD #2036
!
OBJE
CTIVE 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
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
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BRUCE PLAT
CASE NO. 01 -LUA-04 - TEMP ORD #2036
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CITY COMMISSION
February 11, 2004
Land Use Plan Amendment
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CITY OF TAMARAC
I Christopher King I 7525 N.W. 88th Ave., Tamarac, Florida 33321-2401
Director I Telephone: 1954) 724-1292
Community Development Facsimile: 724-2453
E
FOR QUASI-JUDICIAL PROCEDINGS
DATE.
CASE NO.:
I: G2
IN THE MATTER OF: Residential Development of the Bruce Plat
ANY PERSON APPEARING ON YOUR BEHALF,
IN YUR DESIGNATED AS YOUR AGENT ON THIS FORM OR UC H PERSON Wl MUST BE
ENTITLED TO SPEAK AT THE QUASI-JUCIDIAL HEARING AND THE MAOT BE
MAY BE DETERMINED WITHOUT THE BENEFIT OF THEIR TESTIMONY. i`fER
Tay Huebner , (insert name of Agent) WILL ATTEND THE QUASI—JUDICIAL
HEARING '-TO BE HELD ON to be determined
Jav Huebner IN MY HAS MY PERMISSION TO ACT NAS '.MY CE. IN ADDITION,
ALL MATTERS RELATING TO ANY PROCEEDINGS' RELATEDNTTO
Bruce Plat - S.E. corner of University Dr. & N.W. 64th Street O
(Address of subject property) ,
THIS .rORM MUST BE RETURNED PRIOR TO THE QUASI-JUDICIAL HEARING.
SIGNATURE OF OWNER:
0 ���
;(Print Name of Owner)
STATE OF FLORIDA:
COUNTY OF BROWARD:
NAMEJADDRESS AND PHONE NO.
OF DESIGNATED AGENT:
------------
Ja Huebner
(Print Name of Designated Agent)
6101 W. Atlantic Blvd.
Mar ate, FL 33063
Phone; 954-97'2--3959 Fax: 954-972-4178
IThe foregoing instrument was acknowiedged before me this �
j e- -�o� r
et- �., by iuc cUt day of
fication owner of property, who is
Personally known to me or has produced 1 enti
and
who (did/did not) take an oath. (type of identification)
Nly Commission Expires:
Notary Public State of Florida
CCr'+.,^.�jh17T
Expirw Aug. 2,NtA,
(Tye ,�r 'prat:; 003flotary)
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