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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2004-033Temp. Ord. #2045 — April 22, 2004 Page 1 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-2004-,-33 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 PARCEL OF LAND LYING IN SECTION 6, TOWNSHIP 49 SOUTH, RANGE 41 EAST, BROWARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A". LOCATED NEAR THE WEST END OF SOUTHGATE BOULEVARD ON THE SOUTH SIDE, FROM UTILITY TO LOW -MEDIUM (5-10 DU/AC) RESIDENTIAL TO ALLOW THE CONSTRUCTION OF FORTY-FOUR (44) RESIDENTIAL TOWN HOME UNITS COMPRISING APPROXIMATELY OF 4.0 NET ACRES AND 4.40 GROSS ACRES (CASE NO. 03-LUA-04); PROVIDING FORAMENDMENTTO 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. #2045 — April 22, 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 April 21, 2004 as described in Exhibit "B" (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 Temp. Ord. #2045 — April 22, 2004 Page 3 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 Parcel of land lying in Section 6, Township 49 South, Range 41 East, Broward County, Florida, being more particularly described in Exhibit "A", located near the west end of Southgate Boulevard on the south side, from Utility to Low -Medium (5-10 du/ac) Residential to allow the construction of forty-four (44) residential town home units comprising approximately of 4.0 net acres and 4.40 gross acres (Case No. 03-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. 1 Temp. Ord. #2045 — 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. 03-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 "B" from Utility to Low -Medium Residential (5-10 du/ac), is hereby adopted and shall become effective thirty-one (31) days after adoption, and upon the G' 1 Temp. Ord. #2045 — April 22, 2004 Page 5 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 forty-four (44) residential units to be constructed on the property described in Exhibit "B". 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. #2045 — April 22, 2004 Page 6 This Ordinance shall become effective immediately upon its PASSED, FIRST READING this 121" day of May, 2004. PASSED, SECOND READING this 10t" day of November, 2004. ATTEST: MARION SWE:N.aON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this ORDINANCE as to form. MITCHEI-q CITY ATT u:\pats\userdata\wpdata\ord\2045ord JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: 1st Reading MAYOR SCHREIBER AI e DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM- ALABISCO DIST 3: VIM SULTANOF A`j C. DIST 4: COMM. ROBERTS ON RECORD OF COMMISSION VOTE: 2nd Reading MAYOR SCHREIBER DIST 1: COMM. PORTNER _A\( e DIST 2: COMM. FLANSBAUM-TALABISCO DIST 3: VIM SULTANOF Xfto DIST 4: COMM. ROBERTS 1 TEMP ORD #2045 EXHIBIT "A" Le al Descri Lion A Parcel of land lying in Section 6, Township 49 South, Range 41 East, Broward County, Florida, being more particularly described as: commence at the Point of Intersection of the South right-of-way line of Canal C-14 of Central and Southern Florida Flood Control District and the West line of said Section 6: thence Easterly along the said South right-of-way line of Canal C-14, 1200 feet to a point; thence Southerly, perpendicular to the last described line, 286 feet to a Point of Beginning of the description; thence continue Southerly, along the last described line, 435 feet to a point; thence Easterly, perpendicular to the last described line 435 feet to a point; thence Westerly, perpendicular to the last described line, 400 feet to the Point of Beginning. TEMP ORD #2045 EXHIBIT "B" The request for Land Use Plan Amendment for the Santa Monica 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 AND 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 #2045 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. SANTA MONICA CASE NO. 3-LUA-04 - TEMP ORD #2045 300 0 300 Feet CITY COMMISSION May 12, 2004 Land Use Plan Amendment T CITY OF TAMARAC J. Christopher King 7525 N.W. 88th Ave., Tamarac, Florida 33321-2401 Director Telephone: (954) 724-1292 Community Development Facsimile: 724-2453 1112f2r21!" 18:14 U N I T E D; 3054439155 M].635 mm OSSIGNATION OF AW Y 53 FOR QUASFJWDICIAL PROCEEDINGS DATE: CASE NO-' IN THE MATTER OF: ANY PERSON APPEARING ON YOUR SFWAL.R. IN YOUR A91SENGE. =J5T SE OESIGNATED AS YOUR Aa19NT ON TH1$ FORM QA SUCH PERSDM WILL NOT OS ENT171M TO SPEAK AT VHF- QUASWUCHAAL MEANING AND THi 18ATTVR MAY RE DETERLINED WIYMOLIT THIS ORNERY OF TMMEYA TESTI IONY. rl_ift!>."Wad L.Ka `I�,P- IMP , VVILL AT=MD THE QUASI LIoICIAL. ad„ (Ir►ssrt Rama of Apenq HI<A"I!Ws TO HE HELD. IN IdY ABU14CL IN ADDIT161% HAS MY PERMISS1014 TO ACT, AS MY AGENT W ALL YATMRS 1:ELATINC; TO ANY PROCEEDINGS RELATED TO tba.3.92 arm at Se [ibg1tit_!4um-rdx in the City o1' Tamarac. (Akidrnsa 0? Aub)ml ProPerW) THIR FORM MUST OF. HIMR1013 PRIOR TO THL QIJAISI.IUDICIAL HEAAINIL SIGNATI,iRE OF OWNER: tivn. Y John J. Vau any rae err 3644 N .1]ALA & M A n) (Print Name of ow"er) NO. OF (Print Nana of Ousignabod �fde:lland,,�, Iikla9ltt�LP.. , - Orm East Browltrd 66ularard, SulU 0W PhoHw:_ 954#I;8_7888 x- 9W468-20JO STA'M OF FLplilaA: COUNTY OFINEWAum like ainada '17� brMgalrW inatrtimsrrt wan► ascbtOwradged.berara me thls _�G "Y of • 200-4-• bN jQj= a- ,y a-gbadsy - oVf nsr of pmpmty, who Is Pormonally krmw to rm or hms prodtmpW idsrrttri Ian I _ _)and an Prealdear of num's' Inc.. (typo of Identlilvallart) who (dldhOd not) tmko an oath. MY C t'eFtr`Px��r'�i Magary Pubme State of Florida - N _ Car (i'ype or Print Rome at Noury) TOTAL P.I2