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Home My WebLink AboutCity of Tamarac Ordinance O-2004-014Temp. Ord. #2042 — April 8, 2004 Revision No. 1 — March 25, 2004 Page CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-2004- f 1 - AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AMENDING THE DEVELOPMENT ORDER FOR THE WESTPOINT DEVELOPMENT OF REGIONAL IMPACT (DRI) GENERALLY LOCATED IN SECTION 7, TOWNSHIP 49 SOUTH, RANGE 41 EAST AND APPROVED BY ORDINANCE NO. 0-89-44 ADOPTED DECEMBER 21, 1989, AND THEREAFTER AMENDED BY ORDINANCE NO.0-94-20 ADOPTED NOVEMBER 9, 1994, AND THEREAFTER AMENDED BY RESOLUTION NO. R-2000-206 ADOPTED JULY 12, 2000, AND THEREAFTER AMENDED BY ORDINANCE NO.0-2000-33 ADOPTED NOVEMBER 22, 2000 AND AMENDING THE DEVELOPMENT ORDER FOR THE WESTPOINT DRI CONVERTING "OFFICE/HOTEL" TO "INDUSTRIAL/OFFICE; HOTEL; AUTOMOBILE DEALERSHIP" ON THE REVISED DEVELOPMENT PLAN; AND AMENDING THE REVISED MASTER DEVELOPMENT PLAN AND CONVERTING "INDUSTRIAL USE" SQUARE FOOTAGE TO "AUTOMOBILE DEALERSHIP" SQUARE FOOTAGE; REAFFIRMING ORDINANCE NO. 0-89-44 AS AMENDED BY ORDINANCE NO. 0- 94-20 AS AMENDED BY RESOLUTION NO. R-2000- 206 AS AMENDED BY ORDINANCE NO. 0-2000-33 EXCEPT AS AMENDED HEREIN; PROVIDING FOR RECORDATION IN ACCORDANCE WITH SECTION 380.06(15)(f), FLORIDA STATUTES (CASE NO.7-MI- 04); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Ordinance No. 0-89-44, adopted on December 21, 1989, as thereafter amended by Ordinance No. 0-94-20, adopted on November 9, 2000, as Temp. Ord. #2042 — April 8, 2004 Revision No. 1 — March 25, 2004 Page 2 thereafter amended by Ordinance No. 0-2000-33, adopted on November 22, 2000, the City Commission of the City of Tamarac approved with conditions a Development Order for the Westpoint DRI on the property depicted on Exhibit "A" (attached hereto) as described in Exhibit "B" (attached hereto); and WHEREAS, Susan P. Motley, Esq., the authorized representative for TT of Sawgrass, Inc. has applied to the City of Tamarac for an Amendment to the Development Order for the Westpoint DRI for property generally located in the south half of Land Section 7 adjacent to Commercial Boulevard on the south, Sawgrass Expressway on the west , and Nob Hill Road on the east to amend the Master Development Plan by adding "automobile dealership" use, "industrial/office" use, keeping "hotel" use, and deleting "office" use on said property; and WHEREAS, the Planning Board recommended approval on April 7, 2004; and WHEREAS, the Director of Community Development recommends approval; and WHEREAS, on April 14, 2004, the City Commission held its required Public Hearing; and WHEREAS, the City Commission has reviewed the proposed Amendment pursuant to Section 380.06(19), Florida Statutes, and has determined that the proposed amendment does not constitute a substantial deviation from the approved Development Order in accordance with Section 380.06(19), Florida Statutes; 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 amend the Temp. Ord. #2042 — April 8, 2004 Revision No. 1 — March 25, 2004 Page 3 Development Order for the Westpoint Development Order of Regional Impact (DRI) generally located in Section 7, Township 49 South, Range 41 East and approved by Ordinance No. 0-89-44 adopted December 21, 1989, and thereafter amended by Ordinance No. 0-94-20 adopted November 9, 1994, and thereafter amended by Resolution No. R-2000-206 adopted July 12, 2000, and thereafter amended by Ordinance No. 0-2000-33 adopted November 22, 2000 and amending the Development Orderforthe Westpoint DRI converting "Office/Hotel" to "Industrial/Office; Hotel; Automobile Dealership" on the Revised Development Plan and amending the Revised Master Development Plan and converting "industrial use" square footage to "automobile dealership" square footage; reaffirming Ordinance No. 0-89-44 as amended by Ordinance No. 0-94-20 as amended by Resolution No. R-2000-206 as amended by Ordinance No. 0-2000-33 except as amended herein; providing for recordation in accordance with Section 380.06(15)(f), Florida Statutes. 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 Development Order for the Westpoint DRI is hereby amended to: (i) convert `office/hotel' as shown on Exhibit "A": Revised Master Development Plan in Ordinance No. 0-2000-33, to "industrial/office; hotel; automobile Temp. Ord. #2042 — April 8, 2004 Revision No. 1 — March 25, 2004 Page 4 dealership", as graphically depicted on Exhibit "A° to this Ordinance; (ii) convert 200,000 gross square feet to 186,000 gross square feet of "industrial/office" use and 45,000 gross square feet of "automobile dealership" use. SECTION 3: Except as amended herein, Ordinance No. 0-89-44, adopted December 31, 1989, as amended by Ordinance No. 0-94-20, adopted November 9, 1994, as amended by Resolution No. R-2000-206, adopted July 12, 2000, as amended by Ordinance No. 0-2000-33, adopted November 22, 2000, is hereby ratified, reaffirmed and shall remain in full force and effect. SECTION 4: - Within thirty (30) days of the effective date of this Amendment to the Development Order, the applicant shall record a notice of the adoption of an amendment to a development order in accordance with the provisions of Section 380.06(15)(f), Florida Statutes, and shall return a copy of said recorded document to the Office of the City Clerk of the City of Tamarac. 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. SECTION 7: This Ordinance shall become effective immediately upon its passage and adoption. 1 u Temp. Ord. #2042 — April 8, 2004 Revision No. 1 — March 25, 2004 Page 5 PASSED, FIRST READING this 14" day of April, 2004. PASSED, SECOND READING this 28" day of April, 2004. ATTEST: /d / MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this ORDINANCE as to form. MITCHELL S/XF CITY ATTORN u -.\pats\userdato\wpdata\ord\2042ord JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: 1st PAading MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALABISCO DIST 3: V/M SULTANOF DIST 4: COMM. ROBERTS RECORD OF COMMISSION VOTE: 2nd Reading MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALABISCO DIST 3: V/M SULTANOF 42AAA-A-t"' DIST 4: COMM. ROBERTS A, EXHIBIT "A1l 1.TEMP ORD #2042 WESTPOINT DRI PROPERTY LAXI 1d AC. T PAACEL a �\ O>•MIANOUSTAIAL 1 r+ �1r OFFICE/MOTEL \ M \\ w t South Florida Regional Plannum Council C INDUSTRIAL x OFfICFJIt 0USTRIAL • PARCEL A OFP MINDUSMki. 1 • r I` NORTH PROJECT ACCESS "AO� C o1a1X PIC1Le/orrice ] aimL 2 LVD. MASTER DEVELOPMENT PLAN Sourrv: Applicant WESTPOIINT i In Feel EXHIBIT "B11 TEMP ORD #2042 A DESCRIPTION Ist C. .r .✓ .�—._ 1 J �\\ OF:1CIIwQVS7PtAt ImpusTRIAL i aFMr/IMDV3Tt1,kLdf 1i ►�. .' Id0RTri PAOCt AGC[�s \` . aA OFFIC�IriDUSTAtAI �\ V+ INDUSTRIAL/OFFICE; HOTEL; AUTOMOBILE os�ice DEALERSHIP , cb►+ n CIL,2 South Florid& TzRgional Pl inn>zr8 C'nunol pµm petA6 MASTERDEVELOPMENT PLAN Soune: Appllant WESTPdliiT