HomeMy WebLinkAboutCity of Tamarac Ordinance O-2004-009Temp. Ord. #2039 — February 27, 2004
Revision No. 1 — March 19, 2004
Page 1
CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0-2004- 0?
AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF TAMARAC, FLORIDA,
CORRECTING A SCRIVENER'S ERROR IN THE
LEGAL DESCRIPTION CONTAINED IN
ORDINANCE NO. 0-2004-07 AMENDING THE
LEGAL DESCRIPTION PREVIOUSLY
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, TO READ, "A PORTION OF
PARCELS "A" AND "B" 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, AND A PORTION OF THE
NORTHWEST ONE -QUARTER OF SECTION 10,
TOWNSHIP 49 SOUTH, RANGE 41 EAST", IN
ORDINANCE NO. 0-2004-07 APPROVED BY
THE CITY COMMISSION ON SECOND
READING FEBRUARY 25, 2004 REGARDING
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. (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
Temp. Ord. #2039 — February 27, 2004
Revision No. 1 — March 19, 2004
Page 2
WHEREAS, the City of Tamarac, Florida, pursuant to said Local Government
Comprehensive Planning Act, and in accordance with all its terms and provisions,
prepared and adopted a comprehensive plan which was 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 reviewed the Land Use Plan
Amendment to the Land Use Plan of the City of Tamarac on January 21, 2004 and made
a recommendation of approval to the City Commission; and
WHEREAS, on February 25, 2004, the City Commission of the City of Tamarac,
Florida, approved on Second Reading Ordinance No. 0-2004-07 regarding the Land Use
Element of the Comprehensive Plan in accordance with Chapter 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. (attached hereto as Exhibit 1"); and
WHEREAS, Ordinance No. 0-2004-07 contained an incorrect legal description of
the plat due to scrivener's error; and
WHEREAS, it is the Director of Community Development 's recommendation to
approve the correction of a scrivener's error contained in the legal description of Ordinance
No. 0-2004-07; and
WHEREAS, the City Commission of the City of Tamarac held public hearings on this
amendment to Ordinance No. 0-2004-07 regarding the correction of a scrivener's error
contained in the legal description of Ordinance No 0-2004-07 regarding the Land Use
Temp. Ord. #2039 — February 27, 2004
Revision No. 1 — March 19, 2004
Page 3
Element of the City Comprehensive Plan; and
WHEREAS, the City Commission hereby requests the Broward County Planning
Council. to recertify the Land Use Plan Element incorporating this Land Use Plan
Amendment 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 correct a scrivener's
error in the legal description contained in Ordinance No. 0-2004-07 amending the legal
description previously 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, to read, "a Portion of Parcels "A" and "B" 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, and a portion of the northwest one -quarter of Section 10, Township 49 South,
Range 41 East", in Ordinance No. 2004-07 approved by the City Commission on Second
Reading February 25, 2004 regarding 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., as more particularly described in Exhibit "2" attached hereto.
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
Temp. Ord. #2039 — February 27, 2004
Revision No. 1 — March 19, 2004
Page 4
confirmed as being true and correct and are hereby made a specific part of the Ordinance
upon adoption hereof.
SECTION 2: That the City Commission hereby approves the amendment to
Ordinance No. 0-2004-07 to correct a scrivener's error in the legal description contained in
Ordinance No. 0-2004-07 amending the legal description previously 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, to read, "a Portion of Parcels "A" and
"B" 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, and a portion of the northwest one -
quarter of Section 10, Township 49 South, Range 41 East", in Ordinance No. 0-2004-07
approved by the City Commission on Second Reading February 25, 2004 regarding 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., as more
particularly described in Exhibit "2" attached hereto.
SECTION 3: 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 4: 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 5: If any provision of this Ordinance or the application thereof to
Temp. Ord. #2039 — February 27, 2004
Revision No. 1 -- March 19, 2004
Page 5
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.
SECTION 6: This Ordinance shall become effective immediately upon its
passage and adoption.
PASSED, FIRST READING this 101h day of March, 2004.
PASSED, SECOND READING this 24th day of March, 2004.
JOE SCHREIBER
MAYOR
ATTEST:
MARION SW NSON, CIVIC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
ORDINANCE as to form.
MITCIELL S. KfAF
CITY ATTORNEY
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RECORD OF COMMISSION VOTE: 1st Reading
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: COMM. FLANSBAUM-TALABIS
DIST 3: COMM. SULTANOF
DIST 4: V/M ROBERTS
RECORD OF COMMISSION VOTE: 2n '.Reading
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: COMM. FLANSBAUM-TALABI O
DIST 3: V/M SULTANOF
DIST 4: COMM ROBERTS kcal_._...
EXHIBIT 111"
TEMP ORD #2039
Temp. Ord. #2036 -- January 22, 2004
Page 1
CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0-2004- 0�7
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
Page 2
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
Page 3
located at the southeast corner of University Drive and NW 641h 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
Page 4
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.
Temp. Ord. #2036 — January 22, 2004
Page 5
SECTION 7: This Ordinance shall become effective immediately upon its
passage and adoption.
PASSED, FIRST READING this day of r. -. , 2004.
PASSED, SECOND READING this day of , 2004.
ATTEST:
MARION SWENSON, CIVIC
CITY CLERK
1
I HEREBY CERTIFY that
I have approved this
ORDINANCE as to form.
MITCHELL S. KRAFT
CITY ATTORNEY
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1
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE: 1st Reading
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 Reading
MAYOR SCHREIBER
DIST 1: COMM. PORTNER ' „_14 --
DIST 2: COMM. FLANSBAUM-TALABISCO
DIST 3: COMM. SULTANOF
DIST 4: V/M ROBERTS r;
EXHIBIT "A"
TEMP ORD 42036
The request for Land Use Plan amendment for the Bruce Plat is consistent with the folio,
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
Map which allow for the continued development of housing at a varies
densities, for a variety of lifestyles; including, but not limited to, retirer
housing and family housing.
OBJECTIVE 9 The City of Tamarac will continue to keep in place subdivision and other I
development regulations which promote well planned, orderly, and attrac
development which is consistent with the City's adopted Capital Improven
Element and with the goals, objectives, and policies of the Broward County L
Use Plan.
POLICY 9.1
POLICY 9.3
POLICY 9.5
OBJECTIVE 10 The City will continue to implement land use controls which prom
neighborhoods (residential and nonresidential) that are attractive, v
maintained, and that contribute to the health, safety, and welfare of tf
residents and users.
POLICY 11.1
POLICY 16.1
The proposed Land Use Plan Amendment is consistent with the following Goa
Objectives and Policies of the Broward County Land Use Plan:
GOAL 01.00.00 PROVIDE RESIDENTIAL AREAS WITH A VARIETY OF HOUSIh
TYPES AND DENSITIES OFFERING CONVENIENT At
AFFORDABLE HOUSING OPPORTUNITIES TO ALL SEGMENTS C
BROWARD COUNTY'S POPULATION WHILE MAINTAINING
DESIRED QUALITY OF LIFE AND ADEQUATE PUBLIC SERVICE
AND FACILITIES.
EXHIBIT "A"
TEMP ORD #2036
OBJECTIVE 01.01.00 RESIDENTIAL DENSITIES AND PERMITTED USES IN RESIDEN
AREAS
Accommodate the projected population of Broward County by providing adequate areas o
Future Broward County Land Use Plan Map (Series) intended primarily for resid(
development, but which also permit those non-residential uses that are compatible with
necessary to support residential neighborhoods.
OBJECTIVE 01.03.00 CORRELATION OP - RESIDENTIAL DENSITIES V
TRANSPORTATION 'FACILITIES
Correlate the impacts of residential development:with the regional roadway network of Bro%
County and all existing and planned transit facilities to ensure the adequacy and safety c
transportation facilities.
POLICY 01,03.01
GOAL 08.00.00 PHASE GROWTH CONSISTENT - WITH THE PROVISION
ADEQUATE REGIONAL AND COMMUNITY SERVICES AND FACILI7
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 servi
sufficient to meet the current and future needs of Broward County's population and econc
without endangering its environmental resources.
Local Development Review
POLICY 08.01.01
POLICY 14.02.00
POLICY 14.02.01
BRUCE PLAT
CASE NO. 01-LUA-04 - TEMP ORD #2036
B-2-
__ ---- -- �__. , _ - L L.....
i
N
3�p 30� Feet
CITY COMMISSION
February 11, 2004
Land Use Plan Amendment
I Christopher King
Dkector
Community Development
CITY OF TAMARAC
7525 N.W. 88th Ave., Tamaroc, Florida 33321-24DI
Telephone: 1954) 724.1292
Facsimile: 724.2453
TEMP ORD #2039
Exhibit V'
Beginning at the southeast corner of said "Bruce Plat," thence South
89'33'36" West, Along the South line of said "Bruce Plat" and the Westerly
extension thereof, a distance of 552.79 feet; thence North 01'26'27" West,
along the west line of said section 10, a distance of 0.55 feet to the Southwest
corner of the Northwest one -quarter of said Section 10; thence North
01"26'26" West, along said West line of Section 10, a distance of 780.79 feet;
thence North 88'33'34" East, a distance of 552,70 feet; thence South 01°26'26"
East, along the East line of said "Bruce Plat", a distance of 790.99 feet to the
Point of Beginning.
TCITHL P. F;
FOR QUASI-JUDICIAL PROCEEDINGS
DATE:
CASE NO.:
• -- ivii !• L;2
IN THE MATTER OF: Residential Development of the Bruce Plat
ANY PERSON APPEARING ON YOUR BEHALF, IN YOU
DESIGNATED AS YOUR AGENT ON THIS FORM OR SUCH ABSENCE,
WILL NOL NOT BE
ENTITLED TO SPEAK AT THE QUASI-JUCIOIAL HEARING T BE
MAY BE DETERMINED WITHOUT THE BENEFIT OF THEIR T AND THE MATTER
ESTIMONY,
Ja Huebner , WILL ATTEND THE QUASI-JUDICIAL
(insert name of Agent) DICIAL
HEARING '-TO BE HELD ON to be determined IN MY Ja Huebner HAS MY PERMISSION TO ACT NAS�'.MY IN ADDITION,
ALL MATTERS RELATING 7D ANY AGENT -IN'
Bruce Plat - s.E•. Corner of University Dy. &EEDI 64th Street RELATED TO
(Address of subject property) t
i HIS -FORM MUST BE RETURNED PRIOR TO
SIGNATURE OF OWNER:
C, Q�
.(Print Name of Owner)
STATE OF FLORIDA:
COUNTY OF BROWARD:
THE QUASI-JUDICIAL HEARING,
NAMEJADDRESS AND PHONE NO,
OF DESIGNATED AGENT:
Ja Huebner
(Print Name of Desg inated Agent)
6101 W. Atlantic Blvd.
Ma late, FL 33063
Phone:954_g72�-3959 Fa 954-972-•4178
The foregoing instrument w_as acknowledged before me this I-L
i _
�n� day of
Personally known tom or h s produced i e r owner of property, who is
ntIi'cation
who (did/did not) take an oath.
My Commission Expires:
and
(t5p of Identification)
r
Notary Public State of Florida
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