HomeMy WebLinkAboutCity of Tamarac Ordinance O-2004-040Temp Ord #2060 — August 19, 2004
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CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0-2004- L},D
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 LARGE-SCALE LAND USE
PLAN AMENDMENT PROPOSAL BY THE CITY
OF TAMARAC TO CHANGE THE USE OF LAND
DESCRIBED AS PARCEL "R" OF THE "KINGS
POINT REPLAT", ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 156,
PAGE 13 OF THE PUBLIC RECORDS OF
BROWARD COUNTY, FLORIDA, LOCATED AT
7790 NOB HILL ROAD, FROM LOW -MEDIUM (5-
10) RESIDENTIAL AND MEDIUM (10-16)
RESIDENTIAL TO RECREATION; COMPRISING
15.24 ACRES, MORE OR LESS (CASE NO. 5-
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
by the South Florida Regional Planning Council (SFRPC) and the State Department of
Temp Ord #2060 — August 19, 2004
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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" attached hereto) 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 large-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
best interests of the citizens and residents of the City of Tamarac to adopt an amendment
to the Land Use Element of the City's Comprehensive Plan in accordance with Chapter
Temp Ord #2060 — August 19, 2004
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163, Sections 163.3184 and 163.3187 of the Florida Statutes, concerning a Large -Scale
Land Use Plan Amendment proposal by the City of Tamarac to change the use of land
described as Parcel "R" of the "Kings Point Replat", according to the Plat thereof as
recorded in Plat Book 156, Page 13 of the Public Records of Broward County, Florida,
located at 7790 Nob Hill Road, from Low -Medium (5-10) Residential and Medium (10-16)
Residential to Recreation; comprising 15.24 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
in the proposed development are compatible;
SECTION 3: That the Large -Scale Land Use Plan Amendment to the
certified Land Use Plan of the City of Tamarac, Case No. 5-LUA-04, reviewed by the
Temp Ord #2060 — August 19, 2004
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Planning Board and approved by the City Commission, attached hereto and made a part of
this ordinance, as shown on Exhibit "A" from Low -Medium (5-10) Residential and Medium
(10-16) 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 15.24 acres, more or less, on the property described in Exhibit"B" (attached
hereto).
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.
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SECTION 7:
passage and adoption.
Temp Ord #2060 — August 19, 2004
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This Ordinance shall become effective immediately upon its
PASSED, FIRST READING this 8th day of September, 2004.
PASSED, SECOND READING this 22nd day of December, 2004.
n
JOE SCHREIBER
t MAYOR
ATTEST:
�" ► CIECORD OF COMMISSION VOTE: 1st Reading
MARION SWENSON, C MAYOR SCHREIBER A\fe-
CITY CLERK DIST 1: COMM. PORTN R _AI =
DIST 2: COMM. FLANSBAUM-TALABISCOA
DIST 3: V/M SULTANOF
DIST 4: COMM. ROBERTS -*A\.J2
I HEREBY CERTIFY that
I have approved this
ORDINANCE as to form.
MITCHELL
CITY ATTORNE
RECORD OF COMMISSION VOTE: 2nd Reading
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: COMM. FLANSBAUM-T LABISCOe
DIST 3: V/M SULTANOF
DIST 4: COMM. ROBERTS
EXHIBIT "A" TEMP ORD #2060
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, Mower 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
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" TEMP ORD #2060
Legal Description
Parcel "R" of Kings Point Replat according to the plat thereof as recorded in Plat
Book 156, Page 3 of the Public Records of Broward County, Florida.
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