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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2004-025Temp Ord #2061 — August 2, 2004 Page 1 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-2004-A6� 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 PARCEL "P" 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 ON THE NORTH SIDE OF NW 57T" STREET, WEST OF NW 94T" AVENUE @ END OF NW 58T" STREET, FROM LOW -MEDIUM (5-10) RESIDENTIAL TO RECREATION; COMPRISING FIVE (5) ACRES, MORE OR LESS (CASE NO. 6-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 Temp Ord #2061 — August 2, 2004 Page 2 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 Future Land Use Map of the City of Tamarac on August 18, 2004 (attached hereto as 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 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 than ten (10) acres; and Temp Ord #2061 — August 2, 2004 Page 3 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 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 Parcel "P" 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 (attached hereto as Exhibit "B"), located on the north side of NW 57th Street, west of NW 94t" Avenue @ end of NW 581" Street, from Low -Medium (5-10) Residential to Recreation; comprising five (5) 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 City of Tamarac Comprehensive Plan; 2. The characteristics of the surrounding area and the characteristics included Temp Ord #2061 — August 2, 2004 Page 4 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 Future Land Use Map of the City of Tamarac (Case No. 6-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 Low -Medium (5-10) Residential to Recreation, is hereby adopted and shall become effective upon certification by the Broward County Planning Council. This amendment shall be construed as comprising five (5) acres more or less, on the property described in 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 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 Temp Ord #2061 — August 2, 2004 Page 5 SECTION 7: This Ordinance shall become effective immediately upon its passage and adoption. PASSED, FIRST READING this 8t" day of September, 2004. PASSED, SECOND READING this 22nd day of September, 2004. ATTEST: MARION SWENSON, CIVIC CITY CLERK I HEREBY CERTIFY that I have approved this ORDINANCE as to form. commdev\u:\pats\userdata\wpdata\ordk2061 ord i JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: 1st Reading MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALA ISCO DIST 3: V/M SULTANOF 62,q 4!n Z;� DIST 4: COMM. ROBERTS RECORD OF COMMISSION V E: 2nd Reading MAYOR SCHREIBER U-�o DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALA CO DIST 3: V/M SULTANOF DIST 4: COMM. ROBERTS EXHIBIT "A" TEMP ORD #2061 Consistency with Goals, Objectives, and Policies of the City of Tamarac Comprehensive Plan as follows: 1. 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. V1. 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 RECREATION 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 c 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. - a "Well vnu 4f cup 1 CARNAHAN • PROCTOR • CROSS. INC. CERTIFICATE OF AUTHOR17ATION NO. LB 2936 6101 WEST ATLANTIC BLVD.. MARGATE, FL 33053 PHONE (954)972.3959 FAX (954)972-4178 E-MAIL: margate@camahan•proctor.com DESCRIPTION AND SKETCH RECREATION TRACT "LYONS INDUSTRIAL PARK" LEGAL DESCRIPTION A PORTION OF PARCEL P, "LYONS INDUSTRIAL. PARK", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 71 AT PAGE 1 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED OF FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL P; THENCE NORTH 00'01'37" WEST, ALONG THE WEST LINE OF SAID PARCEL P, A DISTANCE OF 520.39 FEET; THENCE SOUTH 88-59-06" EAST, ALONG A LINE PARALLEL TO THE SOUTH LINE OF SAID PARCEL P, A DISTANCE OF 418,70 FEET; THENCE SOUTH 00°01'37" EAST, ALONG A LINE PARALLEL TO SAID WEST LINE OF PARCEL P. A DISTANCE OF 520.39 FEET; THENCE NORTH 88°59'06" WEST, ALONG SAID SOUTH LINE OF PARCEL P, A DISTANCE OF 418.70 FEET TO THE POINT OF BEGINNING, SAID LANDS SITUATE IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA. AND CONTAIN 5.001 ACRES, MORE OR LESS. iiCayi�y 1. THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2. THIS SKETCH IS THE PROPERTY OF CARNAHAN-PROCTOR•CROSS, INC., AND SHALL NOT BE USED OR REPRODUCED IN WHOLE OR IN PART WITHOUT WRITTEN AUTHORIZATION. 3, THE LANDS SHOWN HEREON ARE SUBJECT TO ALL EASEMENTS, RESERVATIONS, RIGHTS -OF -WAY, AND RESTRICTIONS OF RECORD. 4. ALL EASEMENTS SHOWN HEREON ARE PER THE RECORD PLAT UNLESS OTHERWISE NOTED. 5. THIS SKETCH WAS PREPARED WITHOUT BENEFIT OF A TITLE SEARCH. FOR INFORMATION CONCERNING RIGHTS -OF -WAY, EASEMENTS, RESERVATIONS, AND OTHER SIMILAR MATTERS OF PUBLIC RECORD, AN APPROPRIATE TITLE VERIFICATION NEED BE OBTAINED. 6. THIS IS NOT A SURVEY. ABBREVIATIONS B.C.R. = BROWARD COUNTY RECORDS N.T S. = NOT TO SCALE O.R.B. = OFFICIAL RECORD BOOK P B. = PLAT BOOK P.G. = PAGE P.O.B. = POINT OF BEGINNING SURVEYOR'S CERTIFICATION 1 HEREBY CERTIFY THAT THE DESCRIPTION AND SKETCH SHOWN HEREON COMPLIES WITH MINIMUM TECHNICAL STANDARDS FOR SURVEYS AS CONTAINED IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE. PURSUANT TO SECTION 472.021, FLORIDA STATUTES, AND THAT SAID DESCRIPTION AND SKETCH IS AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. DONNA C.WEST - I/ PROFESSIONAL SURVEYOR AND MAPPER FLORIDA LICENSE NO. LS 4290 LYONS INDUSTRIAL PARK DATE OF LAST FIELD WORK; NOT A SURVEY JOB NO,; 030509 ' DATE: B-6.03 I SHEET 1 OF 2 SHEETS No Text