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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2005-003Temp. Ord. #2076 -- February 17, 2005 Page 1 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-2005- } 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 PRESTIGE HOMES OF SOUTH FLORIDA, INC. TO CHANGE THE USE OF LAND DESCRIBED AS A PORTION OF PARCEL "R" OF THE "WOODLAND LAKES" PLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 71, PAGE 18 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, LOCATED AT THE SOUTH SIDE OF MCNAB ROAD, APPROXIMATELY 415 FEET EAST OF PINE ISLAND ROAD, FROM COMMERCIAL TO LOW - MEDIUM (5-10 DU/AC) RESIDENTIAL THROUGH THE ALLOCATION OF THIRTY-SIX (36) FLEXIBILITY UNITS TO ALLOW THE FUTURE CONSTRUCTION OF THIRTY-SIX (36) RESIDENTIAL TOWNHOUSE UNITS TO BE KNOWN AS CYPRESS WALK, COMPRISING APPROXIMATELY OF 3.88 NET ACRES AND 4.43 GROSS ACRES (CASE NO. 08-LUA-04); PROVIDING FOR AMENDMENT TO THE LAND USE ELEMENT TO REFLECT SUCH CHANGE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FORAN EFFECTIVE DATE.. WHEREAS, provisions of the Local Government Comprehensive Planning and Land Development Regulation Act of 1985 require adoption of a comprehensive plan; and Temp. Ord. #2076 — February 17, 2005 Page 2 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 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 February 16, 2005 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 Temp. Ord. #2076 — February 17, 2005 Page 3 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 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 Prestige Homes of South Florida, Inc. to change the use of land described as a portion of Parcel "R" of the "Woodland Lakes" Plat, according to the Plat thereof as recorded in Plat Book 71, Page 18 of the Public Records of Broward County, Florida, located at the south side of McNab Road, approximately 415 feet east of Pine Island Road , from Commercial to Low -Medium (5-10 du/ac) Residential through the allocation of thirty-six (36) flexibility units to allow the future construction of thirty-six (36) residential townhouse units to be known as Cypress Walk, comprising approximately of 3.88 net acres and 4.43 gross acres (Case No. 08-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. #2076 — February 17, 2005 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 Prestige Homes of South Florida, 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. 08-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 to Low -Medium (5-10 du/ac) Residential through the allocation of thirty-six (36) flexibility units, is hereby adopted and shall become effective P 1 1 Temp Ord #2076 —February 17 2005 Page 5 thirty one (31) days after adoption 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 six (36) 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 Temp. Ord. #2076 — February 17, 2005 Page 6 SECTION 8: This Ordinance shall become effective immediately upon its passage and adoption. PASSED, FIRST READING this 23rd day of February, 2005. PASSED, SECOND READING this 9th day of March, 2005. JOE SCHREIBER MAYOR ATTEST: RECORD OF COMMISSION VOTE: 1st Reading ,�. MARION SWENSON, CIVIC MAYOR SCHREIBER _ CITY CLERK CLERK DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALABISC:.. , DIST 3: V/M SULTANOF. DIST 4: COMM. ROBERTS1�.�. I HEREBY CERTIFY that I have approved this ORDINANCE as to form. MITCHELL S. K4A-FT CITY ATTORNEY u:\pats\userdata\wpdata\ord\2076ord RECORD OF COMMISSION VOTE: 2nd Reading MAYOR SCHREIBER _ DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALABISCO.- DIST 3: V/M SULTANOF DIST 4: COMM. ROBERTS 4A, :11=111iv_YI The request for Land Use Plan amendment for the Woodland Lakes, aka: Cypress Walk Townhouse 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. 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 LAKES (AKA CYPRESS WALK) CASE NO. 8-LUA-04 300 Feet CITY COMMISSION February 23, 2005 Land Use Plan Amendment �J�Fr4M4 < q,® CITY OF TAMARAC J. Christopher King Director Community Development 7525 N.W. 88th Ave . Tarnoroc . Florida 33321-2401 Telephone: (954( 724-1292 Facsimile: (954) 724-2453 Compiled by: poigem FOK QUASI-JUDICIAL PROCEEDINGS DATE: October 27, 2004__ _ CASE NO.: —2-LIJA-04 COMMUNITY DEVELOPMEN1 DFPAPTMENT IN THE MATTER OF: 04 DEC -2 PM 12= t ANY PERSON APPEARING ON YOUR BEHALF, IN YOUR ABSENCE, MUST BE DESIGNATED AS YOUR AGENT ON THIS FORM OR SUCH PERSON WILL NOT BE ENTITLED TO SPEAK AT THE OUASI-JUCIDIAL HEARING AND THE MATTER MAY BE DETERMINED WITHOUT THE BENEFIT OF THEIR TESTIMONY. Gerald L. Kni ht , WILL ATTEND THE QUASI-JUDICIAL (insert name of Agent) HEARING TO BE HELD IN MY ABSENCE. IN ADDITION, _ Gerald L_ Kniaht_ HAS MY PERMISSION TO ACT AS MY AGENT IN ALL MATTERS RELATING TO ANY PROCEEDINGS RELATED TO the Island Road. (Parcel R, Woodland Lakes). (Address of subject property) THIS FORM MUST BE RETURNED PRIOR TO THE QUASI-JUDICIAL HEARING. SIGNATURE OF OWNER: (Print Name of Owner) STATE OF FLORIDA: COUNTY OF BROWARD: NAME/A AND PHONE NO. OF D E (Print Name of Designated Agent) Holland b Knight, LLP One East Broward Boulevard, Suite 1300 Fort Lauderdale, FL 33301 Phone: 954-468-7868 Fax: 954- The foregoing instrument wa_s _qcknowle 1 ed before me this a"rt�`` day of�e_r , 200 4, by _ — — , owner of property, who is personally known to me or has produced iden ificatlon and (type of identification) who (did/did not) take an oath. My Commission Expires: Kun 1. t,oss >Y` M E.3b2642_vl ;=z�-P4B`c`: m Comission #DD338964 ` _ Expires: Aug 02, 2DQ8 " Bondcd'Ih- Atlantic 130ndulK CO , In; Public State of Florida (Type or print name of Notary)