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Home My WebLink AboutCity of Tamarac Ordinance O-2004-041Temp Ord #2062 — August 19, 2004 Page 1 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-2004-4 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, ADOPTING AN AMENDMENT TO THE 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 A PORTION OF TRACT 74 OF THE "WOODMONT 74 AND 75" PLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 108, PAGE 39 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, LOCATED AT NW 80T" AVENUE, NORTH OF MCNAB ROAD, FROM MEDIUM (10-16) RESIDENTIAL TO CONSERVATION AREA; COMPRISING 20.80 ACRES, MORE OR LESS (CASE NO. 7-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 1 Temp Ord #2062 — August 19, 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 Land Use Plan of the City of Tamarac on August 18, 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(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 a n amendment Temp Ord #2062 — August 19, 2004 Page 3 to the Land Use Element 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 a portion of Tract 74 of the "Woodmont 74 and 75" Plat, according to the Plat thereof as recorded in Plat Book 108, Page 39 of the Public Records of Broward County, Florida, (as described in Exhibit "B" attached hereto), located at NW 801" Avenue, north of McNab Road, from Medium (10-16) Residential to Conservation Area; comprising 20.80 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; Temp Ord #2062 — August 19, 2004 Page 4 SECTION 3: That the Large -Scale. Land Use Plan Amendment to the certified Land Use Plan of the City of Tamarac, Case No. 7-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 Medium (10-16) Residential to Conservation Area is hereby adopted and shall become effective upon certification by the Broward County Planning Council. This amendment shall be construed as comprising 20.80 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 textual changes to the certified Land Use Plan and the changes to the 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 1 1 Temp Ord #2062 — August 19, 2004 Page 5 SECTION 7: This Ordinance shall become effective immediately upon its passage and adoption. PASSED, FIRST READING this 8th day of September, 2004. PASSED, SECOND READING this 22"d day of December, 2004. ATTEST: 1_ _ MARION S A NSON, WC CITY CLERK I HEREBY CERTIFY that I have approved this ORDINANCE as to form. `- MITCHELL S. K CITY ATTORN 1 Q. JOE SCHREIBER c . MAYOR RECORD OF COMMISSION VOTE: 1st Reading MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM- ALABISCO DIST 3: V/M SULTANOF 1 P_ DIST 4: COMM. ROBERTS P, RECORD OF COMMISSION VOTE: 2nd Reading MAYOR SCHREIBER AIP_ DIST 1: COMM. PORTNER C' DIST 2: COMM. FLANSBAUM- ALABISCO A�e' DIST 3: V/M SULTANOF A DIST 4: COMM. ROBERTS EXHIBIT "A" TEMP ORD #2062 Consistency with Goals, Objectives, and Policies of the City of Tamarac Comprehensive Plan as follows: I. Future Land Use Element Policy 1.10 Conservation uses are defined in 9J5.003(19) as activities within land areas designated for the purpose of conserving or protecting natural resources or environmental quality and includes areas designated for such purposes as flood control, protection of quality or quantity of groundwater or surface water, floodplain management, fisheries management, or protection of vegetative communities or wildlife habitat. Policy 15.3 The City of Tamarac shall coordinate its land use planning and implementation activities with those of adjacent cities in order to enhance consistency and compatibility among the cities' plans. V. Conservation Element Goal The City will conserve for the use, enjoyment, and health of the citizens of Tamarac, the physical environment including air, sound, surface water including lakes and canals, floodplains, soils, wildlife and native vegetation; and water supply, and will incorporate in all plans, programs, and activities of the City of Tamarac implementation actions for environmental conservation. Policy 8.2 The City will continue to cooperate with adjacent cities and the county in order to conserve unique vegetative communities. The mechanism is the mutual review of zoning and land use plan amendments proposed for areas adjacent to municipal boundaries. Consistency with Goals, Objectives, and Policies of the Broward County Comprehensive Plan as follows: GOAL 6.00.00 ENSURE THE PROTECTION OF AND PREVENT DAMAGE TO THOSE ECOLOGICAL SYSTEMS THAT ARE AN INTEGRAL COMPONENT OF SOUTH FLORIDA'S AND BROWARD COUNTY'S NATURAL ENVIRONMENT. 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 5.02.04 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. EXHIBIT "B" I EMP ORD #2062 WOODMONT NATURAL AREA 6661 60 6I 01 1 JPW 110W E9JlNWGM\S1S1\SI WOODMONT NATURAL PRESERVE CASE NO. 7-LUA-04- TEMP ORD #2062 300 0 300 Feet CITY COMMISSION SEPTEMBER 8, 2004 LAND USE PLAN AMENDMENT CITY OF TAMARAC I Christopher King 7525 N.W. 88th Ave. Tamarac , Florida 33321-2401 Director Telephone: (954)724-1292 Community Development Facsimile: (954( 724.2453