HomeMy WebLinkAboutCity of Tamarac Ordinance O-2004-008Temp. Ord. #2037 — January 21, 2004
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CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0-2004- 0S
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 UNITED
HOMES INTERNATIONAL, INC. TO CHANGE
THE USE OF LAND DESCRIBED AS LOT 1,
BLOCK 1 OF THE "LYONS INDUSTRIAL PARK"
PLAT, ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 71, PAGE 1 OF
THE PUBLIC RECORDS OF BROWARD
COUNTY, FLORIDA, LOCATED AT THE WEST
SIDE OF NW 88T" AVENUE, APPROXIMATELY
1,500 FEET NORTH OF NW 57T" STREET,
FROM COMMERCIAL TO LOW MEDIUM (5-10
DU/AC) RESIDENTIAL THROUGH ISSUANCE
OF THIRTY-TWO (32) FLEX UNITS TO ALLOW
FOR THE CONSTRUCTION OF THIRTY-TWO
(32) RESIDENTIAL TOWN HOME UNITS
COMPRISING APPROXIMATELY OF 2.41 NET
ACRES AND 3.29 GROSS ACRES (CASE NO.
03-LUA-03); PROVIDING FORAMENDMENTTO
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. #2037 — January 21, 2004
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Community Affairs (DCA) ; and
WHEREAS, the Planning Board of the City of Tama.rac 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 United International Homes, Inc. to change the use of
land described as Lot 1, Block 1 of the "Lyons Industrial Park" Plat, according to the Plat
Temp. Ord. #2037 — January 21, 2004
Page 3
thereof as recorded in Plat Book 71, Page 1 of the Public Records of Broward County,
Florida, located at the west side of NW 881h Avenue, approximately 1,500 feet north of NW
57`h Street, from Commercial to Low -Medium (5-10 du/ac) Residential through issuance of
thirty-two (32) flex units to allow for the construction of thirty-two (32) residential town home
units comprising approximately of 2.41 net acres and 3.29 gross acres (Case No. 03-LUA-
03),
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.
Temp. Ord. #2037 — January 21, 2004
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SECTION 3: That the Land Use Plan Amendment to the certified Land Use
Plan of the City of Tamarac (Case No. 03-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 thirty-two (32) 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.
1
1
Temp. Ord. #2037 — January 21, 2004
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SECTION 7: This Ordinance shall become effective immediately upon its
passage and adoption.
PASSED, FIRST READING this P day of , 2004.
PASSED, SECOND READING this,25-1—day of , 2004.
ATTEST:
MARION SWENSON, CMG
CITY CLERK
I HEREBY CERTIFY that
I have approved this
ORDINANCE asto form.
L
MITCH LL S RAAT
CITY ATT N
u Apats\userdato\wpdato\ord\2037ord
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE: 1st Rea 'ng
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: COMM. FLANSBAUM-TALABISCO
DIST 3: COMM. SULTANOF
DIST 4: V/M ROBERTS
RECORD OF COMMISSION VOTE: 2nd Re ing
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: COMM. FLANSBAUM-TALABISCO
DIST 3: COMM. SULTANOF
DIST 4: V/M ROBERTS -. __
EXHIBIT "A"
r1114iu•_l i1911U ►-11kkl
11
The request for Land Use Plan amendment for the Riverside 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
den$ities, 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 0
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 08.0.1.00 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 servic
sufficient to meet the current and future needs of Broward County's population and econo*
without endangering its environmental resources.
Local Development Review
POLICY 08.01.01
POLICY 14.02.00
POLICY 14.02.01
0
RIVERSIDE
CASE NO. 03-LUA-03 - TEMP ORD #2037
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February 11, 2004
j! CITY OF TAMARAC
J. Christopher King ' 1 7525 N.W. 881h Ave. Tamarac. Florida 33321-2401
Land Use Plan Amendment Director I Telephone: )954) 724.1292
Community Development 11 Facsimile: )954) 724-2453
DESIGNATION OF AGENT
FOR QUASI-JUDICIAL PROCEEDINGS
DATE:
CASE NO.: - L u•P - p
IN THE MATTER OF:
ANY PERSON APPEARING ON YOUR BEHALF, IN YOUR ABSENCE, MUST BE
DESIGNATED AS YOUR AGENT ON THIS FORM OR SUCH PERSON WILL NOT BE
ENTITLED JO SPEAK AT THE QUASI-JUCIDIAL HEARING AND THE MATTER
MAY BE DETERMINED WITHOUT THE BENEFIT OF THEIR TESTIMONY.
Gerald L. Knight , WILL ATTEND THE QUASI-JUDICIAL
(insert.name of Agent)
HEARING TO
BE HELD IN'
MY ABSENCE.
IN ADDITION,
Gerald L. Knight
_ HAS MY
PERMISSION TO ACT
AS MY AGENT IN
ALL MATTERS
RELATING TO'
ANY PROCEEDINGS
' RELATED TO
the ro ert located on the west side of N.W. 88th St. (Pine Island Road)
(Address of subject property) approximately 1500 feet north of N.W.
THIS FORM MUST BE RETURNED PRIOR TO THE QUASI-JUDICIAL HEARING,
SIGNATURE OF OWNER:
—Richard NuzZIIL_e..
(Print Name of Owner)
STATE OF FLORIDA:
COUNTY OF BROWARD:
NAM
OF D I IA AND _ ENT PHONE% NO
•
57th St.
Gerald"Iff. Kni ht t Es .
(Print Name of Designated Agent)
Holland & Knight LLP
One East Broward Boulevard, Suite 1300
Phone; 954-468-7868 Fax: 954-463-2030
The foregoing instrument was acknowledged before me this _ 1`1 ,_ day of
k�j,6�y1 ,GiZ _-, 200-3-, by gicha.r-d N117z 1esp_, owner cif property, who is
personally known to me or has produced identification � - and
who (di 1 )...'.......'...,.."""CARVA.'....... (type of identification)
d did not take an o t '�:sANDRn CARVAJAL
cammhsion 0 DD0202302
E 1110rl007 = �� e
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N------ ' " ry Public State of Florida
My Commission Expires: W I Ie JZ��o
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..........
(Type or print name of N tary)
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DESIGNATION OF AGENT
FOR QUASI-JUDICIAL PROCEEDINGS
DATE:
CASE NO.: 3 - L ur - D
IN THE MATTER OF:
ANY PERSON APPEARING ON YOUR BEHALF, IN YOUR ABSENCE, MUST sE
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.
____Gerald L. Kni ht , WILL ATTEND THE QUASI-JUDICIAL
(insert:name of Agent)
HEARING 'TO
BE HELD IN'
MY ABSENCE.
. IN ADDITION,
.-Gerzld L. Knight
HAS MY
PERMISSION TO ACT.
AS MY AGENT IN
ALL MATTERS
RELATING TO'
ANY PROCEEDINGS
' RELATED TO
the property located on the west side of N.W. 88th St. (Pine Island Road)
(Address of subject property) approximately 1500 feet north of N.W. 57th St.
THIS FORM MUST BE RETURNED PRIOR TO THE QUASI-JUDICIAL HEARING.
SIGNATURE OF OWNER:
4j,
Richard Nuzzo.l esP
(Print Name of Owner)
STATE OF FLORIDA:
COUNTY OF BROWARD:
OF D�$ ll �l,�T A''(.�.,�ENT:ND O NE - NO.
Gerald'11. Kni ht t Esq.
(Print Name of Designated Agent)
Holland & Knight LLP
One East Broward Boulevard, Suite 1300
Phone: 954-468-7868
Fax: 954-463-2030
The foregoing instrument was acknowledged before me this ) day of
.Pic —�t`/1 ivk , 200�, by _ Bichar�l_Nu7�n1ca , owner of property, who is
personally known to me or has produced identification �S - and
........... .......................................... (type of identification)
who (dld/did not) take an oat�,y �NDRA CARVAJAL -
4 Commission! 000202302
Eq)lms 4/10/2001
or M1 Bonded t mqh
amnAai-Ami F%wW&
My Commission Expires_ H I Ie)aoo=
_ ).r .,dh
ry Public State of Florida
(Type or print name of Notary)