HomeMy WebLinkAboutCity of Tamarac Ordinance O-2005-003Temp. Ord. #2076 -- February 17, 2005
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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
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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
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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
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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
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Temp Ord #2076 —February 17 2005
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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
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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
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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)