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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2004-024Temp Ord #2059 — August 2, 2004 Page 1 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-2004- A q AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, ADOPTING AN AMENDMENT TO THE FUTURE LAND USE MAP OF THE CITY'S 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 THE CITY OF TAMARAC TO CHANGE THE USE OF LAND DESCRIBED AS A PORTION OF A PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 9900, PAGE 278 OF THE PUBLIC RECORDS OF BROWARD COUNTY THAT LIES WITHIN TRACT 1 OF THE "FORT LAUDERDALE TRUCK FARMS SUBDIVISION", PLAT OF BOOK 4, PAGE 31 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, LOCATED ON THE SOUTHWEST CORNER OF MCNAB ROAD AND PINE ISLAND ROAD, FROM COMMERCIAL TO RECREATION; COMPRISING 1.02 ACRES, MORE OR LESS (CASE NO. 4-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 Temp Ord #2059 — August 2, 2004 Page 2 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 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 August 18, 2004 (as described in Exhibit "A") 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(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 Future Land Use Plan Map 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 has determined that the amendment involves less 1 I 1 Temp Ord #2059 — August 2, 2004 Page 3 than ten (10) acres; 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 a n amendment to the Future Land Use Map of the City's 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 the City of Tamarac to change the use of land described as a portion of a Parcel of land described in Official Records Book 9900, Page 278 of the Public Records of Broward County that lies within Tract 1 of the "Fort Lauderdale Truck Farms Subdivision" Plat of Book 4, Page 31 of the Public Records of Broward County, Florida, attached hereto as Exhibit "B", located on the southwest corner of McNab Road and Pine Island Road, from Commercial to Recreation; comprising 1.02 acres, more or less. 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 Temp Ord #2059 — August 2, 2004 Page 4 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 Small Scale Land Use Plan Amendment to the certified Land Use Plan of the City of Tamarac, Case No. 4-LUA-04, reviewed by the Planning Board and approved by the City Commission, attached hereto and made a part of this ordinance, (attached hereto as Exhibit "A") from Commercial to Recreation, is hereby adopted and shall become effective upon certification by the Broward County Planning Council. This amendment shall be construed as comprising 1.02 acres, more or less, on the property (attached hereto as Exhibit "B") SECTION 4: That the Director of Community Development is further authorized to make the necessary map changes to the Future Land Use 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 B: 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 SECTION 7: passage and adoption. Temp Ord #2059 — August 2, 2004 Page 5 This Ordinance shall become effective immediately upon its PASSED, FIRST READING this 81" day of September, 2004. PASSED, SECOND READING this 22nd day of September, 2004. ATTEST: MARION SWIENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this ORDINANCE as to form. MITCHELL S. f CITY ATTOR com mdev\u:\pats\use rdata\wpdata\o rd\2059ord JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: 1st Reading MAYOR SCHREIBER DIST 1: COMM. PORTNER A f. DIST 2: COMM. FLANSBAUM-T LABISCO DIST 3: V/M SULTANOF DIST 4: COMM. ROBERTS Air - RECORD OF COMMISSION VOTE: 2nd Reading MAYOR SCHREIBER AVE DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM- ALABISCO DIST 3: V/M SULTANOF jL1e. DIST 4: COMM. ROBERTS ___Ab6eni"_ EXHIBIT "A" TEMP ORD #2059 Consistency with Goals, Objectives, and Policies of the City of Tamarac Comprehensive Plan as follows: I. Future Land Use Element Objective 3 The City will provide for sites on the Future Land Use Map for required community facilities. Implement, and update as needed, the adopted Land Development Regulations to require that development provide, as required by the City of Tamarac or other service providers, adequate sites for community facilities, including, but not limited to, school sites, parks and recreation sites, public utility sites, and others. Policy 13.1 Except for schools, all allowed regional and community facilities shall be located close to major arterials and mass transit lines which are demonstrated to be adequate to serve these facilities. Policy 15.1 The following level of service standards are established by the City of Tamarac for each public facility within the municipal boundary. Public Parks: 1.3 acres of improved public park land per 1, 000 population in 1997; 2.3 acres/1,000 in 1999; 3.0 acres/1, 000 population in 2003. Vl. Recreation and Open Space Element Objective 1 The City will continue to develop, through the Planning period, a system of parks throughout the City. Policy 1.1 The Parks and Recreation Land Level -of -Service Standard for improved recreation sites in the City of Tamarac shall be the following: Public Recreation Sites: 1997— 1.3 acres per 1,000 population; 1999 -- 2.3 acres/1000 population; 2003 — 3.0 acres/1000 population. Policy 1.6 The City recognizes the need for diverse recreational facilities and will develop prototypical community park designs for future planning to further this need. Objective 2 The City will meet the open space needs of the citizens by providing for passive recreation. These may consist of open space, road right-of-ways, power line right-of-ways, and canal maintenance easements. The provision of resources shall be coordinated between the public private sectors. Consistency with Goals, Objectives, and Policies of the Broward County Comprehensive Plan as follows: GOAL 5, 00.00 PROVIDE RECREATION AND OPEN SPACE AREAS WHICH MEET RESIDENT NEEDS ANDARE COMPATIBLE WITH THE TROPICAL AND RESORT CHARACTER OF BROWARD COUNTY. OBJECTIVE 5. 01, 00 PERMITTED USES IN RECREA TION AND OPEN SPACE AREAS Designate those recreation and open space areas on the Future Broward County Land Use Plan Map (Series) necessary to meet the needs of Broward County's resident and tourist population. OBJECTIVE 5.02.00 COMMUNITY AND REGIONAL PARK STANDARDS Establish those regional land community park standards necessary to provide Broward County's present and future population with a diversified and balanced parks and recreation system. POLICY 5.02.01 Local governments shall provide for a minimum of three (3) acres of Community level parks for every 1, 000 existing and Projected permanent residents. The acreage that may be used to meet this requirement is listed in the "Community and Regional Parks" subsection of the Plan Implementation Requirements section of the Broward County Land Use Plan. POLICY 5.02.03 Local governments shall adopt and implement those procedures and practices necessary to meet or exceed the minimum parks and open space standards contained within the Broward County Land Use Plan, relative to their respective jurisdictions. POLICY 5.02.04 Local governments shall address, within their development codes and regulations, the protection of existing and designated parks, recreation and open space lands to ensure such lands are protected from future development. Consistency with Goals, Objectives, and Policies of the State of Florida Comprehensive Plan as follows: 10) NATURAL SYSTEMS AND RECREATIONAL LANDS. (b) Policies.-- 11. Expand state and local efforts to provide recreational opportunities to urban areas, including the development of activity -based parks. 12. Protect and expand park systems throughout the state. 13. Encourage the use of public and private financial and other resources for the development of recreational opportunities at the state and local levels. Exhibit °B" A portion of a parcel of land described in Official Record Book 9900, Page 278 of the Public Records of Broward County that lies within Tract 1 of, Fort Lauderdale Truck Farms Subdivision of Section 8, Township 49 South, Range 41 East, as recorded in Plat Book 4 Page 31 of the Public Records of Broward County, Florida in Section 8, Township 49 South, Range 41 East, more particularly described as follows: Commence at the northeast corner of said Section 8; Thence on an assumed bearing of the South 89035'18" West, along the North line of said Section 8, for a distance for 252.05 feet; Thence South 00024'42" East for a distance of 53.00 feet to the Northwest corner of said parcel described in Official Records Book 9900, Page 278, Broward County Records; Thence South 01 °27'09" East, along the West line of said parcel for a distance of 18.50 feet to a point on a line 71.50 feet South of and parallel with, as measured at right angles, to the north line of said Section 8, said point also being the point of beginning; Thence North 89035'18" East, along said parallel line, for a distance of 158.13 feet; Thence South 45°55'55" East for a distance of 33.35 Feet to a point on a line 71.50 feet West of and parallel with as measured at right angles to, the East line of said Section 8; Thence South 01 027'09" East, along said parallel line, for a distance 108.12 feet to a point on a line 50 feet North of and parallel with, as measured at right angles to, the South line of said parcel of land described in Official Record Book 9900, Page 278 Broward County Records; Thence South 89°35'18" West, along said parallel line, for a distance of 181.50 feet to a point on the West line of said parcel of land described in Official Record Book 9900, Page 278, Broward County Records; Thence North 01 027'09" West, along said West line, for a distance of 131.50 feet to the point of beginning; Said lands lying in the City of Tamarac, Broward County, Florida containing 23,588 square feet (0.54.15 acres) more of less. TAMARAC COMMONS PARK CASE NOA-LUA-04 - TEMP RESO #2059 n IUNdU rxudu R-4A 300 0 300 Feet CITY COMMISSION SEPTEMBER 8, 2004 LAND USE PLAN AMENDMENT SITE ZCITY OF TAMARAC J. Christopher King 7525 N.W. 88th Ave . Tamarac. Florida 33321-2401 Director Telephone: (954) 724-1292 Community Development Facsimile: (954) 724-2453