The URL can be used to link to this page

Home My WebLink AboutCity of Tamarac Ordinance O-2005-023Temp. Ord. #2097 -- September 21, 2005 Page 1 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-2005--)s3 ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING THE REZONING APPLICATION INITIATED BY THE CITY OF TAMARAC PROVIDING FOR REZONING FROM B-1 (NEIGHBORHOOD BUSINESS DISTRICT), B-2 (PLANNED COMMUNITY BUSINESS DISTRICT), B-3 (GENERAL BUSINESS DISTRICT), B-6 (BUSINESS DISTRICT) AND I-1 (INSTITUTIONAL DISTRICT) TO MXD (MIXED USE DISTRICT) PERTAINING TO THE APPROXIMATE 127.32 ACRE NW 57T"STREET CORRIDOR, MORE PARTICULARLY DESCRIBED BY EXHIBIT "A" AND GENERALLY LOCATED WEST OF NORTH UNIVERSITY DRIVE, EAST OF NW 94T" AVENUE, NORTH OF COMMERCIAL BOULEVARD (CASE NO. 19- Z-05); PROVIDING FOR AMENDMENT OF THE OFFICIAL ZONING MAP TO REFLECT SUCH CHANGE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to the provisions of the Code of Ordinances of the City of Tamarac, Florida, public notice has been given of the time and place of the public hearing regarding the rezoning of the property described herein and said public hearing has been held in accordance with the notice and the public has been given an opportunity to be, and has been heard; and WHEREAS, the public hearing has been held on Case No. 19-Z-05 by the City Temp. Ord. #2097 —September 21, 2005 Page 2 Commission pursuant to the Charter and Florida State Statutes; and WHEREAS, the City Commission of the City of Tamarac wishes to preserve the health, welfare and quality of life of its residents by promoting a vibrant social and economic center by encouraging a mixture of complementary mixed uses, to include housing, retail, office, commercial services, and recreational and civic uses; and WHEREAS, the City Commission and the City of Tamarac determines and finds to generate and stimulate economic growth within the City of Tamarac so as to improve the general welfare and safety of its citizens and residents so that the public purpose will be served with the adoption of the Rezoning application; and WHEREAS, on July 13, 2005, the City Commission of the City of Tamarac adopted the findings of the "57th Street/Main Street Study" documents (Case No. 11-MI-05); and WHEREAS, on July 13, 2005, the City Commission of the City of Tamarac adopted three (3) Ordinances (Ordinance Nos. 0-2005-12, 0-2005-13, and 0-2005-14), amending Chapter 24, "Zoning", to include the addition of definitions and illustrations to assist in the implementation of the Mixed Use Zoning District, repealing the City's Master Business List and establishing a new "Permitted Uses Master List" to establish new uses and a new zoning district referred to as the Mixed Use Zoning District, and creating district regulations for the newly created Mixed Use District (MXD); and WHEREAS, the City Commission of the City of Tamarac will allow the use of flexibility in the approximate 127.32 acre NW 57th Street Corridor, more particularly 1 Temp. Ord. #2097 — September 21, 2005 Page 3 described in Exhibit "A" (attached hereto), and generally located west of North University Drive, east of NW 94th Avenue, north of Commercial Boulevard Case No. 19-Z-05 in order to allow for a residential component; and WHEREAS, on September 21, 2005, the Planning Board held a duly advertised Public Hearing and recommended approval of the Rezoning; and WHEREAS, the Director of Community Development recommends approval; and WHEREAS, the City Commission of the City of Tamarac deems the Rezoning to be consistent and in compliance with the City of Tamarac Comprehensive Plan; 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 approve the rezoning application initiated by the City of Tamarac providing for rezoning from B-1 (Neighborhood Business District), B-2 (Planned Community Business District), B-3 (General Business District), B-6 (Business District) and I-1 (Institutional District) to MXD (Mixed Use District) pertaining to the approximate127.32 acre NW 57th Street Corridor, more particularly described by Exhibit "A" and generally located west of North University Drive, east of NW 94th Avenue, north of Commercial Boulevard. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: Temp. Ord. #2097 — September 21, 2005 Page 4 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: That the lands commonly known as the approximate 127.32 acres of the project known as NW 57th Street Corridor, more particularly described in Exhibit "A" and generally located west of North University Drive, east of NW 94th Avenue, north of Commercial Boulevard are hereby rezoned from B-1 (Neighborhood Business District), B-2 (Planned Community Business District), B-3 (General Business District), B-6 (Business District) and I-1 (Institutional District) to MXD (Mixed Use District). SECTION I That the Official zoning map of the City of Tamarac shall be changed to reflect such zoning, said changes to be made by the Director of Community Development, together with the effective date of this Ordinance. 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 Temp. Ord. #2097 — September 21, 2005 Page 5 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. This Ordinance shall become effective immediately upon its PASSED, FIRST READING this 9S� day of PASSED, SECOND READING this 1, l +h day of ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this ORDINANCE as to form. INTERIM CITY, u:lpatsluserdatalwpdatalord12097ord Septcm bed Oc-hob-e_r Akl JOE SCHREIBER MAYOR f RECORD OF COMMISSION VOTE: 1st Reading MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: VIM TALABISCO DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS RECORD OF COMMISSION VOTE: 2nd Reading MAYOR SCHREIBER A\ i e— DIST 1: COMM. PORTNER DIST 2: VIM TALABISCO — DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS , 2005. , 2005. t EXHIBIT "A" -TEMP ORD #2097 LEGAL DESCRIPTION PORTIONS OF SECTIONS 8 AND 9, TOWNSHIP 49 SOUTH, RANGE 41 EAST, INCLUDING PORTIONS OF "LYONS COMMERCIAL SUBDIVISION" PLAT BOOK 69, PAGE 42; "LYONS COMMERCIAL SUBDIVISION NO, 2", PLAT BOOK 69, PAGE 43; "LYONS INDUSTRIAL PARK" PLAT BOCK 71, PAGE 1, "WOODLAND VILLAS" PLAT BOOK 73, PAGE 34; "SOUTHERN PLAZA" PLAT BOOK 84, PAGE 21; "MCDONALD'S OF TAMARAC", PLAT BOOK 86, PAGE 33; "SUTTER INVESTMENT COMPANY PLAT", PLAT BOOK 91, PAGE 2; "TAMARAC POST OFFICE", PLAT BOOK 91, PAGE 5; "TAMARAC STEAK ENTERPRISES", PLAT BOOK 97, PAGE 11; "CENTURY BANK OF TAMARAC", PLAT BOOK 102, PAGE 42; "GOLD -TAM SHOPS", PLAT BOOK 119, PAGE 10; "THE HOPKINS FLAT", PLAT BOOK 119, PAGE 15; "MIDWAY PLAZA", PLAT BOOK 126, PAGE 14; "VMI PLAT, PLAT BOOK 135, PAGE 13 AND "FAGERSTROM PLAT", PLAT BOOK 1649 PAGE 46, ALL OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF SAID SECTION 9: THENCE RUN SOUTH 89 DEGREES 35 MINUTES 10 SECONDS WEST, ALONG THE SOUTH LINE OF SAID SECTION 9, FOR 5279.62 FEET; THENCE SOUTH 89 DEGREES 35 MINUTES 28 SECONDS WEST, ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 8, FOR 2687.00 FEET; THENCE NORTH 01 DEGREES 27 MINUTES 03 SECONDS WEST, ALONG A LINE PARALLEL WITH AND 53.00 FEET, EAST OF AS MEASURED AT RIGHT ANGLES TO, THE WEST LINE OF THE SOUTHEAST % OF SAID SECTION 8, FOR 1320.05 FEET; THENCE NORTH 89 DEGREES 36 MINUTES 01 SECONDS, EAST, ALONG THE NORTH BOUNDARY LINE OF LOT 1, BLOCK 5, OF SAID $'LYONS INDUSTRIAL PARK" AND ITS WESTERLY PROLONGATION, FOR 303.06 FEET; THENCE SOUTH 01 DEGREES 27 MINUTES 03 SECONDS EAST, ALONG THE EASTERLY BOUNDARY LINE OF SAID LOT 1, BLOCK 5 AND THE EASTERLY BOUNDARY LINE OF LOTS 1 AND 2, BLOCK 4, OF SAID "LYONS INDUSTRIAL PARK", FOR 610.93 FEET; THENCE NORTH 89 DEGREES 35 MINUTES 28 SECONDS EAST, ALONG A NORTHERLY BOUNDARY LINE OF BLOCKS 4 AND 31 OF SAID "LYONS INDUSTRIAL PARK", FOR 1570.83 FEET; THENCE SOUTH 01 DEGREES 27 MINUTES 03 SECONDS EAST, ALONG A COMMON BOUNDARY LINE BETWEEN SAID BLOCK 3, ``LYONS INDUSTRIAL PARK" AND BLOCK 3 "WOODLAND VILLAS FIRST ADDITION", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN FLAT BOOK 73, AT PAGE 39, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, FOR 60.01 FEET; THENCE NORTH 89 DEGREES 35 MINUTES 28 SECONDS EAST, ALONG THE SOUTHERLY BOUNDARY LINE OF SAID BLOCK 3, "WOODLAND VILLAS FIRST ADDITION", FOR 660.11 FEET; THENCE NORTH 89 DEGREES 35 MINUTES 25 SECONDS EAST, FOR 106.02 FEET; THENCE NORTH 89 DEGREES 35 MINUTES 10 SECONDS EAST, ALONG THE NORTHERLY BOUNDARY LINE OF TRACTS 2 AND 11 OF SAID "WOODLAND VILLAS", FOR 330.06 FEET; THENCE SOUTH 01 DEGREES 27 MINUTES 03 SECONDS EAST, ALONG THE EASTERLY BOUNDARY LINE OF SAID TRACT 1, "WOODLAND VILLAS" AND ITS SOUTHERLY PROLONGATION, FOR 253.04 FEET; THENCE NORTH 89 DEGREES 35 MINUTES 10 SECONDS EAST, ALONG THE CENTERLINE OF N.W. 57r" STREET, FOR 3606.61 FEET; THENCE NORTH 01 DEGREES 27 MINUTES 38 SECONDS WEST, ALONG THE WESTERLY BOUNDARY LINES OF TRACT "A" OF SAID "TAMARAC POST OFFICE" AND PARCEL "A", OF SAID "MIDWAY PLAZA"AND THEIR SOUTHERLY PROLONGATION FOR 1025.15 FEET; THENCE NORTH 89 DEGREES 35 MINUTES 10 SECONDS EAST, ALONG THE NORTHERLY BOUNDARY LINES OF SAID PARCEL "A", "MIDWAY PLAZA" AND PARCEL "A", "TAMARAC STEAK ENTERPRISES" AND ITS EASTERLY PROLONGATION , FOR 1290.37 FEET; THENCE SOUTH 01 DEGREES 26 MINUTES 27 SECONDS EAST, ALONG THE EAST LINE OF THE SOUTHEAST t/4 OF SAID SECTION 9, FOR 1431.16 FEET, TO THE POINT OF BEGINNING, ALL OF THE ABOVE LYING AND BEING IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA, NOTE: PROPERTY AS PER LEGAL DESCRIPTION, CONTAINS 5,546,133 ± SQUARE FEET (127,32 t ACRES) 46 • D� t 1iE-�� :?t/ t e J=�...r� ��1• r 4w1�IR�fllflrfr�► �M ,�, �, ' = r*� AL rrrr i�ltfl •• f■rt III111R�� 1 FE ama rr 'f■Irl/t♦� �a i • � ;, y, =� 1 ..-.._- w {11tit1rAi , �� i11 r , �.- -� iMl■ mar iiliw► 41111111�{r at wrr'+ .. /O I rr rrrr ow ++ �� : m �� w • on i� a► tlrrr,t�■/II■■■�� allflORION rs .r,r rr#rs �■ �r rrslow ■ ufr,r all ORION ■f rrrr d!7 �. A■■ ■ •s �� >•�� Is Rl �1'��If�f)Ilf( N{ �l��l/RRt fjl�■■�w :�r�r item w1 - -F1 is I WMI osmosis I in Litr1i1#RIIRMt � rw rrr.lNor.r....�__ 111 p1.111 «/ r M 1f lr4p ..iAF r■/sars�s• �.�. ■■ ■1/a�■ ■ apt fr<Rrrtvo a M►1RIil■tom 1l # w l ■r rf% dk miasma Vp { i �� • w t*fir ♦wi111��r �irrr� • 3 rr.. �.ONO evil No VFW .I. ,ate, �w fffn■ iAat fill a � tl!r ■rr w■ ■s/� art■■1 � � � �'�il■1■■■1/1/1#t//■ ■rrl 1IRitR44Mii1rallt{{I: 101 "111141411 +rt111t rill NJ t 1 k 1 , f 141 1 1 11 � 1 yl/�� • -- - -- - - ■ �:111et1iMMiL�1► ��1 �. rr _ ra as as _ �M) �� r��•rrarr iRE lilll � 1„ rw �f ��Trr►�_ Y A � >• ♦41i11jI1R1111111'► T _ ;_ `m W = o =1 } ��f �r11► �) tiy+ r,► �i =_ r1R�iR1RRtlfllills ;,,,,�,M,,,� , .� _ t,,.Af1r,•r� iur+k��1111111ir�r�1< �iM�lll z�1!»>t�tiultlll ._ _ t�11 �� •as_� is o' ,r,1yy �.ff Ir tl It It et. i{ �1�.■Jtirsi,.�� ; aAlr rit,rr_ �- — �foar�ars�ifJ11 '^ 1W It1vt w1lf N110M «r. r� .. f..�11� -1 �� ■fir ��11 r .i rl��`_ -,T err 'all .. I,u�lrr� _ wrlr•i�lrifll ti1111L�� + r�wlllfllN. .� M� �lii• Hlf.� �f] /111�r11 /Lll111f ■Ir1••111 ��I�j1 t r +� M: --7 �' t Irlilflllf1t1U11I1� _ rlltrtur m r.. .., rrrrrrrrr� .: - �u rtu1C -4tlerrur" + �rr•rllill►NH{{/! 1111••1rtr�L�rrfrtl�l► ,�� M� "y fj rr111rrrlr rar•rarr •rr111ltltrLN i11r1!{111{+/ * _ .. w,. _ r1{f11111rr � �! ! I r. r. "• .,. - - - - r t, r t 1 1 t r - � .., .+ +w _ r -` _ � w. �'�.. a�tlltlt.. .• •r Iriii 7tturn. rl 1{IAA/111{Ii111 !. fl! /1'r �� a rI•a111111t .... st.. _ �•�i1r11rw11ria�+#Ili a1rIr111F��+f � ..� r•rrr,al,a,t'' +Ir .z l .illfllil/a 1• _. _ i� I�►fP;L% r ■rnllllltl� � I� �` ... A M,7�1l1 /$ ��AU{1{{1#11111ly A ' 1� -1f =;; w �w , `tea 'M. � �, _ �� • , � Ir1 illlar r` �� A rw � � r ari...i:: �A11ir.: � V � ♦ • /t �► 17f#11i111iR1/{{1111l+4 N 11 � lab .. ... rr ..•.1rr' r i ♦ ♦ ♦ ♦ `iI 1111f1■fM11fA! /Olrrur r�'r'A K •_ +.t �...tw♦ ■ML69rl,a,rlr711rtIN11l�� ♦ M�AI• +yf >.4rii ==� r5� ~ Gie%:: r� �. �1�'♦'`A � ,.,, r Iuu11�r ♦ r► r• i i► } by �W•• ! �" ♦, _ >Za/{i1// ■1/ip:r:rrrrr_ +'41* �+1■illrwra�wfer ♦ + t ♦ ♦ rlIUI111111 r1•i�rr;+� '� Atli !1/{f!{/ mo r r� w�!* .+ r• �r �'�t �A�f _ # i # "�' �If•Irfl� N. . r .� • r w». w lw wv 6 w. �u «' �r ►ram ,�. fr r �fft if�,1A» ram,': rw:1►00 '.r 1 /{{Mills __ . A + ♦ ♦ * ;Irl.trrr—a,anua• �#�+�++1 eft �..,rw li ♦ ♦ + ♦ 41 + + " rllirr,ar •- la11111i ... 1► �' 'ti �' IN p O' 4' ♦ v ► t ♦r 1' ♦ 1,ri111I# \111�1;'A1.1Mrerlrr� H + ♦ ♦ !1 �IIIr1�rr rt11! erira.aar 1�♦JI#A, ItiA�► �• ♦it�,k�r*z�♦��,�♦mot!• ��• w,rr��i�ru,r� >zf rricrRl�ISfR11�1s1{uli �► ♦ ♦ ♦ i ♦ rR1.r t111111��" ! •� * -A r+Ji1�� rf**+4�+��r�+1�'� �•,� AL -r 'w-� 4L-y�•��-�.t►.~-�_�,��,f.♦ t'++,�►, #_'►♦ 46.* _'►�.r itLLt�#''I,# * #�***+♦��+♦�►�.1 *�'+r:��sIN 40*i:V+►♦,t06*44t*#s o"o:q;**,�#�#r • �� - ■�1ErI: R City of Ta 7525 N.W. 88"' Ave., TAlenhnne- 105d1 72d Jpner 11fns wrector nIMMUnity bevelenmM •late amarac. r {anam i