HomeMy WebLinkAboutCity of Tamarac Ordinance O-2004-033Temp. Ord. #2045 — April 22, 2004
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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
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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.
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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'
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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
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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
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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.
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(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:
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John J. Vau any rae err
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(Print Name of ow"er)
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STA'M OF FLplilaA:
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an Prealdear of num's' Inc..
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who (dldhOd not) tmko an oath.
MY C t'eFtr`Px��r'�i
Magary Pubme State of Florida
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(i'ype or Print Rome at Noury)
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