HomeMy WebLinkAboutCity of Tamarac Ordinance O-2004-029Temp. Ord. #2044 — April 22, 2004
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CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0-2004-,Q,9
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 UNITED
HOMES INTERNATIONAL, INC. TO CHANGE
THE USE OF LAND DESCRIBED AS A
PORTION OF THE "WOODLANDS COUNTRY
CLUB" PLAT, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 67,
PAGE 30 OF THE PUBLIC RECORDS OF
BROWARD COUNTY, FLORIDA, LOCATED AT
THE NORTH SIDE OF NW 44T" STREET
APPROXIMATELY 3400 FEET WEST OF ROCK
ISLAND ROAD, FROM COMMERCIAL
RECREATION TO LOW -MEDIUM (5-10 DU/AC)
RESIDENTIAL TO ALLOW THE
CONSTRUCTION OF THIRTY (30)
RESIDENTIAL TOWN HOME UNITS
COMPRISING APPROXIMATELY OF 2.67 NET
ACRES AND 3.02 GROSS ACRES (CASE NO.
02-LUA-04); PROVIDING FOR AMENDMENTTO
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
Temp. Ord. #2044 — April 22, 2004
Page 2
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
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 April 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
Temp. Ord. #2044 — April 22, 2004
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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 United Homes International, Inc. to change the use of
land described as a portion of the "Woodlands Country Club" Plat, according to the Plat
thereof as recorded in Plat Book 67, Page 30 of the Public Records of Broward County,
Florida, located at the north side of NW 44th Street approximately 3400 feet west of Rock
Island Road , from Commercial Recreation to Low -Medium (5-10 du/ac) Residential to
allow the construction of thirty (30) residential town home units comprising approximately of
2.67 net acres and 3.02 gross acres (Case No. 02-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.
Temp. Ord. #2044 — April 22, 2004
Page 4
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: The Small -Scale Land Use Amendment granted herein is
subject to the following condition:
1. A copy of an executed and recorded Declaration of Restrictive Covenants
between United Homes International, Inc., the developer, and the School
Board of Broward County must be provided to the City of Tamarac prior to
Site Plan approval.
SECTION 4: That the Land Use Plan Amendment to the certified Land Use
Plan of the City of Tamarac (Case No. 02-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 Recreation to Low -Medium Residential (5-10
du/ac), is hereby adopted and shall become effective thirty-one (31) days after adoption,
u
1
1
Temp. Ord. #2044 — April 22, 2004
Page 5
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 thirty (30) residential units to
be constructed on the property described in Exhibit "A".
SECTION 5: That the Director of Community Development is further
authorized to make the changes to the Land Use Map in order to reflect the above -stated
changes.
SECTION 6: 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 7: 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 8
passage and adoption.
Temp. Ord. #2044 — April 22, 2004
Page 6
This Ordinance shall become effective immediately upon its
PASSED, FIRST READING this 12th day of May, 2004.
PASSED, SECOND READING this 10th day of November, 2004.
ATTEST:
MARIO SWE SON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
ORDINANCE as to form.
ITCHELL S. KRAL
CITY ATTORNEY
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JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE: 1st Reading
MAYOR SCHREIBER ME
DIST 1: COMM. PORTNER A`iE
DIST 2: COMM. FLANSBAUM-TALABISCO jLj-0jnfd
DIST 3: V/M SULTANOF iLJE
DIST 4: COMM. ROBERTS 111d�
RECORD OF COMMISSION VOTE: 2nd Reading
MAYOR SCHREIBER 0E
DIST 1: COMM. PORTNER Nq e
DIST 2: COMM. FLANSBAUM-TALABISCO ,�}a„ (f
DIST 3: V/M SULTANOF A\! E
DIST 4: COMM. ROBERTS ±!E
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TEMP ORD #2044
EXHIBIT "A"
The request for Land Use Plan amendment for the Woodland Villas Town Home
Development is consistent with the following Goals, Objectives and Policies of
the City of Tamarac Comprehensive Plan:
Future Land Use Element:
Policy 1.6 The City will continue to promote "quality development" in all land use
categories by the establishment and implementation of design criteria and
development standards in the Land Development code (LDC) which
promote the highest standards of urban development and community
aesthetics.
Objective 4 The City will provide for land use categories in the Future Land Use
Element and Map which allow for the continued development of housing
at a variety of densities, for a variety of lifestyles; including, but not limited
to, retirement housing and family housing.
Policy 9.5 The City shall continue to implement its Land Development review
procedures to assure that facilities and services meet the City of Tamarac
and Broward County level of service standards and that these are
available concurrent with the impact of development.
Objective 10 The City will continue to implement land use controls which promote
neighborhoods (residential and nonresidential) that are attractive, well
maintained, and that contribute to the health, safety, and welfare of their
residents and users.
Policy 16.1 The compatibility of existing and future land uses shall be a primary
consideration by the Community Development Department in the review
and approval of amendments to the City Land Use Element.
The proposed Land Use Plan Amendment is consistent with the following Goals,
Objectives and Policies of the Broward County Land Use Plan:
GOAL 01,00.00 PROVIDE RESIDENTIAL AREAS WITH A VARIETY OF
HOUSING TYPES AMD DENSITIES OFFERING CONVENIENT
AND AFFORDABLE HOUSING OPPORTUNITIES TO ALL
SEGMENTS OF BROWARD COUNTY'S POPULATION WHILE
MAINTAINING A DESIRED QUALITY OF LIFE AND ADEQUATE
PUBLIC SERVICES AND FACILITIES.
OBJECTIVE 01.01.00 RESIDENTIAL DENSITIES AND PERMITTED USES IN
RESIDENTIAL AREAS
Accommodate the projected population of Broward County by providing
adequate areas on the Future Broward County Land Use Plan Map (Series) intended
primarily for residential development, but which also permit those non-residential uses
that are compatible with and necessary to support residential neighborhoods.
TEMP ORD
#2044
OBJECTIVE 01,03.00 CORRELATION OF RESIDENTIAL DENSITIES WITH
TRANSPORTATION FACILITIES
Correlate the impacts of residential development with the regional roadway network of
Broward County and all existing and planned transit facilities to ensure the adequacy
and safety of all transportation facilities.
GOAL 08.00.00 PHASE GROWTH CONSISTENT WITH THE PROVISIONS OF
ADEQUATE REGIONAL AND COMMUNITY SERVICES AND
FACILITIES
OBJECTIVE 08.01.00 COORDINATE FUTURE LAND USES WITH AVAILABILITY
OF REGIONAL AND COMMUNITY FACILITIES AND
SERVICES
Coordinate future land uses with the availability of regional and community facilities and
services sufficient to meet the current needs of Broward County's population and
economy without endangering its environmental resources.
WOODLAND VILLAS
CASE NO. 2-LUA-04 - TEMP ORD #2044
300 0 300 Feet
Com
CITY COMMISSION
MAY 12, 2004
❑Land Use Plan Amendment
Date:
0 � CITY OF TAMARAC
J. Christopher King I I 7525 N.W. 88th Ave., Tamarac, Florida 33321-2401
Director Telephone: (954) 724-1292
Community Development Facsimile: 724-2453
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