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Home My WebLink AboutCity of Tamarac Ordinance O-2005-007Temp. Ord. #2080 — February 23, 2005 Page 1 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-2005- 67 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, CLARIFYING AND CONFIRMING THAT ORDINANCE NO.0-92-26 (PETITION 2-LUA-91) ALLOCATED TWELVE (12) FLEXIBILITY UNITS TO LAND DESCRIBED AS THE EAST 380 FEET OF PARCEL "R" OF WOODLAND LAKES AND LOCATED SOUTH OF MCNAB ROAD, EAST OF NW 88T" AVENUE (PINE ISLAND ROAD) COMPRISING 1.29 ACRES; DIRECTING THE CITY CLERK TO PROVIDE COPIES TO THE MEMBERS OF THE BROWARD COUNTY PLANNING COUNCIL (CASE NO. 11-Z-05); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Ordinance No. 0-92-26 approved local amendment 2-LUA-91 to change the land use designation of property described as the east 380 feet of parcel "R" of Woodland Lakes and located south of McNab Road, east of NW 88th Avenue (Pine Island Road) comprising 1.29 acres from Commercial to Low- Medium Residential (5-10) ; and WHEREAS, Ordinance No. 0-92-26 was reviewed by the Local Planning Agency, the Florida Department of Community Affairs, and approved by the City Commission after all the aforesaid agencies determined that the Amendment was in compliance with the Florida Statutes; and 1 Temp. Ord. #2080 -- February 23, 2005 Page 2 WHEREAS, Ordinance No. 0-92-26 does not specify that Flexibility Units were allocated for purposes of the Broward County Land Use Plan; and WHEREAS, Ordinance No. 0-92-26 was transmitted to the Broward County Planning Council and the Planning Council administration recently has indicated that it desires that the City clarify and confirm that Flexibility Units were intended to be allocated by the City Commission; and WHEREAS, the City records show that the City Manager transmitted Ordinance No. 0-92-26 to the Broward County Planning Council with a Flexibility Table for Flexibility Zone 62 which includes the twelve (12) Flexibility Units allocated to local amendment 2-LUA-91; and WHEREAS the Planning Council records show that twelve (12) Flexibility Units have been recorded as being allocated to Flexibility Zone 62 for local amendment 2-LUA-91; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to clarify and confirm that Ordinance No. 0-92-26 (Petition 2-LUA-91) allocated twelve (12) Flexibility Units to land described as the east 380 feet of Parcel "R" of Woodland Lakes located south of McNab Road, east of NW 88th Avenue (Pine Island Road) comprising 1.29 acres. 1 1 Temp. Ord. #2080 -- February 23, 2005 Page 3 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 of the City of Tamarac, Florida, hereby provides clarification and confirmation that Ordinance No. 0-92-26 (Petition 2-LUA-91) allocated twelve (12) Flexibility Units to land described as the east 380 feet of Parcel "R° of Woodland Lakes located south of McNab Road, east of NW 88th Avenue (Pine Island Road) comprising 1.29 acres (attached hereto as Exhibit it ") SECTION 3: The City Clerk is hereby directed to provide copies of this Ordinance to the Broward County Planning Council. SECTION 4: 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 5: 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 6: passage and adoption. Temp. Ord. #2080 -- February 23, 2005 Page 4 This Ordinance shall become effective immediately upon its PASSED, FIRST READING this 91" day of March, 2005. PASSED, SECOND READING this 23rd day of March, 2005. rf JOE SCHREIBER MAYOR ATTEST: ,tECORD OF COMMISSION VOTE: S(7 MARION SW SON, CMC MAYOR SCHREIBER CITY CLERK DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALABIS DIST 3: V/M SULTANOF DIST 4: COMM. ROBERTS I HEREBY CERTIFY that I have approved this ORDINANCE as to form. RECORD OF COMMISSION VOTE: 2nd MAYOR SCHREIBER DIST 1: COMM. PORTNER WT 2: V/M TALABISCO DIST 3: COMM SULTANOF DIST 4: COMM. ROBERTS MITCHELL S.-KR/ CITY ATTORNE ng ing 1. - 1 EXHIBIT Ill Temp. G-,d. J1571 TEMP ORD #2080 CITY OF TAMAR_AC, FLORIDA ORDINANCE NO. 0-92-� AN ORDINANCE OF THE CITY OF TAMARAC ADOPTING AN AMENDMENT TO THE LAND USE ELEMENT OF THE CITY COMPREHENSIVE PLAN IN ACCORDANCE WITH CHAPTER 163, SECTION 163.3187 OF THE FLORIDA STATUTES; CONCERNING A REQUEST BY AFTER, INC., TO CHANGE THE USE OF LAND DESCRIBED AS TAY EAST 380-FEET OF PARCEL "R" OF WOODLAND LA Z-: AND LOCATED SOUTH OF MCNAB ROAD, EAST OF N.: 88 AVENUE (PINE ISLAND ROAD) FROM COMMERCIAL TO LOW MEDIUM RESIDENTIAL (6-10 DWELLING UNITS PER ACRE) COMPRISING 1.29 ACRES; PETITION NO. 2-LUA-91; PROVIDING FOR AMENDMENT TO THE LAND USE ELEMENT TO REFLECT SUCH CHANGE; PROVIDING REPEALER; PROVIDING FOR SEVERABILITY OF INVALID PROVISIONS; AND PROVI➢ING 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, 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 Water Management District, the South Florida Regional Planning Council, and the State Department of Community Affairs; and WHEREAS, the local planning agency of the City of Tamarac has reviewed this amendment to the Land Use Plan of the City of Tamarac, as located in Exhibit A attached hereto and made a part of this Ordinance, and has made a recommendation to the City Council; and WHEREAS, this amendment, located with the City of Tamarac will be submitted to the Broward County Planning Council for re- certification; and WHEREAS, the City Council of the City of Tamarac has held public hearings on this amendment to the Land Use Plan Element of the Comprehensive Plan; and WHEREAS, the Council has determined that the amendment involves less than 5% of the total land area of Tamarac. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: 1 EXHIBIT I Temp. Ord. #1571 1 2 3 5 a II 9 D 1 SELI-MIL_1- FINDINGS Of FACT The Council has reviewed the application and finds the following; 1. The application is consistent with the goals, objectives, and policies of the Tamarac Comprehensive Master Plan; 2. The characteristics of the surrounding area and the Characteristics included in the proposed development are compatible; 3. The City has the ability or will have the ability to provide necessary services for the additional demand for public facilities. 9LfTJ..Q.N 2— That the amendment to the certified Land Use Plan of the City of Tamarac, Petition No. 2-LUA-91, reviewed by the Local Planning Agency and approved by the City Council, attached hereto and made a part of this ordinance, as shown on Exhibit A from Commercial to Low Medium Residential, is hereby adopted and shall become effective upon certification by the Broward County Planning Council. This amendment shall be construed as permitting a maximum of 12 residential units to be Constructed on the property described in Exhibit A. SECTION 3: That the City Planner 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. SKCTLQNgw All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTIOU 5_ Should any section or provision of this Ordinance or any portion thereof, or any paragraph, sentence or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or any part hereof, other than the part declared to be invalid. 2 Temp. Ord. i1571 SFCTTOU - This Ordinance shall become effective immediatel upon certification of the Amendment by the Broward County Plannin Council. 1 PASSED FIRST READING this I day of 1991. PASSED SECOND READING this day of 1992 ATTEST: CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have a proved this ORDINANCE as o fo m. MITCH LL . K T CITY ATTORNEY I 1 i 1 5 I 3 L. BENDER MAYOR RECORD OF C-0UWL VOTE WIYOR AI3nwow(TZ DWR,CT 1: C/t,4 KATT_ jj,ve, D1STRiCT 2: ^H •` DISTRICT3: O/W GLASSFR DISTRICT 4: 9-li `11 RECORD OF COUNCIL VOTE MAYOR FND R DISTRICT 1 : Q/M KAIZ DISTRICT 2: V/M MANN DISTRICT 3: M DISTRICT 4: C/M ABRAMC]wIT7 5-13-9� PARCEL "R" -WOODLAND LAKES CASE NO. 11-Z-OS -TEMP ORD #2080 300 0 300 Feet CITY COMMISSION March 9, 2005 Flexibility Units - Ordinanance Amendment it CITY OF TAMARAC J. Christopher King I 7525 N.W. 88th Ave. Tamarac. Florida 33321-2401 Director Telephone. (954) 724.1292 Community Development Facsimile: (954) 724-2453 Compiled by. paigem