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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 u:\pats\userdata\wpdata\ord\2039ord 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 u:\pats\userdata\wpdata\ord\2036ord 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 ldrz -4 J.ry A"a �cpuu8 A::g. 2.20,.,4 TY'prut : ;a ;�d�f�yotarY)