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Home My WebLink AboutCity of Tamarac Ordinance O-2006-012Temp Ord #2115 — May 3, 2006 Page 1 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-2006-19 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AMENDING PRIOR ZONING OF CERTAIN REAL ESTATE PROPERTY SUNSET POINT PARK FROM LI-1 (LIGHT INDUSTRIAL DISTRICT) TO S-1 (RECREATIONAL DISTRICT), LANDS COMMONLY KNOWN AS A PORTION OF TRACT 16 AND A PORTION OF THAT CERTAIN RIGHT-OF-WAY IN THE NORTHWEST '/ OF SECTION 7, TOWNSHIP 49 SOUTH, RANGE 41 EAST OF THE "FLORIDA FRUIT LANDS COMPANY'S SUBDIVISION NO. 2", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 156, PAGE 13 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH A PORTION OF PARCEL "A", "TEE PLAT NO. 1", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 151, PAGE 32 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; ALSO TOGETHER WITH A PORTION OF PARCEL "A", "ASH PLAT NO. 1 ", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 166, PAGE 50 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; SAID LANDS LYING AND BEING IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA; LOCATED AT THE SOUTHWEST CORNER OF MCNAB ROAD AND HIATUS ROAD (CASE NO.6-Z-06); PROVIDING FOR AMENDMENT OF THE OFFICIAL ZONING MAP TO REFLECT SUCH CHANGE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 1 Temp Ord #2115 — May 3, 2006 Page 2 WHEREAS, The City of Tamarac, owner, has requested that certain real estate property located at the southwest corner of McNab Road and Hiatus Road, containing 6.39 acres, be rezoned from LI-1 (Light Industrial District) to S-1 (Recreational District) to allow the expansion of the Sunset Point Park; and 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. 6-Z-06 by the City Commission pursuant to the Charter and Florida State Statutes; and WHEREAS, on May 17, 2006, the Planning Board held a duly advertised Public Hearing and recommended approval of the rezoning; and WHEREAS, the Director of Community Development recommends approval of this rezoning; and WHEREAS, the City Commission of the City of Tamarac, Florida, deems the rezoning to be consistent 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 amend prior zoning of certain real estate property Sunset Point Park from LI-1 (Light Industrial District) to S-1 (Recreational District), lands commonly known as a Portion of Tract 16 and a Portion of 1 1 Temp Ord #2115 — May 3, 2006 Page 3 that certain Right -of -Way in the Northwest'/ of Section 7, Township 49 South, Range 41 East of the "Florida Fruit Lands Company's Subdivision No. 2", according to the Plat thereof as recorded in Plat Book 156, Page 13 of the Public Records of Palm Beach County, Florida; together with a Portion of Parcel "A", "Tee Plat No. 1", according to the Plat thereof as recorded in Plat Book 151, Page 32 of the Public Records of Broward County, Florida; also together with a Portion of Parcel "A", "Ash Plat No. 1 ", according to the Plat thereof as recorded in Plat Book 166, Page 50 of the Public Records of Broward County, Florida; said lands lying and being in the City of Tamarac, Broward County, Florida; located at the southwest corner of McNab Road and Hiatus Road. 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: That the lands commonly known as a Portion of Tract 16 and a Portion of that certain Right -of -Way in the Northwest'/ of Section 7, Township 49 South, Range 41 East of the "Florida Fruit Lands Company's Subdivision No. 2", according to the Plat thereof as recorded in Plat Book 156, Page 13 of the Public Records of Palm Beach Temp Ord #2115 -- May 3, 2006 Page 4 County, Florida; together with a Portion of Parcel "A", "Tee Plat No. 1 ", according to the Plat thereof as recorded in Plat Book 151, Page 32 of the Public Records of Broward County, Florida; also together with a Portion of Parcel "A", "Ash Plat No. 1 ", according to the Plat thereof as recorded in Plat Book 166, Page 50 of the Public Records of Broward County, Florida, and being more particularly described in Exhibit "A" (attached hereto) are hereby rezoned from LI-1 (Light Industrial District) to S-1 (Recreational District). SECTION 3: That the official zoning map of the City of Tamarac shall be changed to reflect such zoning designation upon 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 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 Temp Ord #2115 — May 3, 2006 Page 5 SECTION 6: This Ordinance shall become effective immediately upon its adoption. PASSED, FIRST READING this a 4� day of men\ , 2006. PASSED, SECOND READING this Lhday of JU e , 2006. BETH FLANSBAUM-TALABISCO MAYOR FAT MARION -SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this ORDINANCE as to form. RECORD OF COMMISSION VOTE: 1st Reading MAYOR FLANSBAUM-TALABISCO DIST 1: V/M PORTNER DIST 2: COMM. ATKINS-GRAD DIST 3: COMM. SULTANOF DIST 4: COMM. DRESSLER RECORD OF COMMISSION VOTE: 2nd Reading MAYOR FLANSBAUM-TALABISCO DIST 1: V/M PORTNER DIST 2: COMM. ATKINS-GRAD DIST 3: COMM. SULTANOF DIST 4: COMM. DRESSLER S S. GOREN CI ATTORNEY 1 TEMP ORD #2115 EXHIBIT "A" Legal Description A Portion of Tract 16 and a Portion of that certain Right -of -Way in the Northwest Y4 of Section 7, Township 49 South, Range 41 East of the "Florida Fruit Lands Company's Subdivision No. 2", according to the Plat thereof as recorded in Plat Book 156, Page 13 of the Public Records of Palm Beach County, Florida; together with a Portion of Parcel "A", "Tee Plat No. 1 ", according to the Plat thereof as recorded in Plat Book 151, Page 32 of the Public Records of Broward County, Florida; also together with a Portion of Parcel "A", "Ash Plat No. 1 ", according to the Plat thereof as recorded in Plat Book 166, Page 50 of the Public Records of Broward County, Florida, and being more particularly described as follows: Begin at the Intersection of the East Right -of -Way Line of the Sawgrass Expressway, as recorded in Official Records Book 12196, at Page 380 of the Public Records of Broward County, Florida, and the North Line of the Northwest % of said Section 7 as shown on the said Plat of "Florida Fruit Lands Company's Subdivision No. 2"; thence North 89 Degrees 33 Minutes 15 Seconds East, along the North Line of the Northwest % of said Section 7, for 234.00 Feet; thence South 00 Degrees 13 Minutes 25 Seconds East for 15.00 Feet; thence North 89 Degrees 33 Minutes 15 Seconds East, along a Line that is parallel with and 15.00 Feet South of, as measured at Right Angles to, the North Line of the Northwest Y4 of said Section 7, for 335.92 Feet; thence South 00 Degrees 24 Minutes 55 Seconds East, along the Northerly Prolongation of the West Boundary Line of Parcel "A" of the said Plat of "Tee Plat No. 1", for 40.00 Feet; thence North 89 Degrees 33 Minutes 15 Seconds East, along a Line that is parallel with and 55.00 Feet South of, as measured at Right Angles to the North Line of the Northwest % of said Section 7, for 731.44 Feet; last described course being coincident with the North Boundary Line of Parcel "A" of the said Plat of "Tee Plat No. 1" and the North Boundary Line of Parcel "A" of the said Plat of "Ash Plat No. 1 ", respectively; thence South 83 Degrees 36 Minutes 11 Seconds East for 100.72 Feet; thence North 89 Degrees 33 Minutes 15 Seconds East, along a Line that is parallel with and 67.00 Feet South of, as measured at Right Angles to, the North Line of the Northwest % of said Section 7, for 150.00 Feet; last described Two Courses being coincident with the North Boundary Lines of Parcel "A" of the said Plat of "Ash Plat No. 1 "; thence South 45 Degrees 35 Minutes 46 Seconds East, along the Northwest Boundary Line of Parcel "A" of the said Plat of "Ash Plat No. 1", for 42.32 Feet; thence South 00 Degrees 44 Minutes 46 Seconds East, along a Line that is parallel with and 53.00 Feet West of, as measured at Right Angles to, the East Line of the Northwest % of said Section 7, for 234.83 Feet; thence South 06 Degrees 05 Minutes 48 Seconds West for 100.72 Feet; thence South 00 Degrees 44 Minutes 46 Seconds East, along a Line that is parallel with and 65.00 Feet West of, as measured at Right Angles to, the East Line of the Northwest % of said Section 7, for 93.89 Feet; last described Three Courses being coincident with the East Boundary Line of Parcel "A", of the said Plat of "Ash Plat No. 1"; thence South 89 Degrees 28 Minutes 12 Seconds West for 220.00 Feet; thence North 00 Degrees 44 Minutes 46 Seconds West, along a Line that is parallel with the East Line of the Northwest % of said Section 7, for 249.10 Feet; thence South 89 Degrees 19 Minutes 54 Seconds West for 1351.33 Feet; thence North 00 Degrees 13 Minutes 25 Seconds West, along the East Right -of -Way Line of the said Sawgrass Expressway, for 282.10 Feet to the Point of Beginning; All lying and being in the Northwest % of Section 7, Township 49 South, Range 41 East, City of Tamarac, Broward County, Florida. Said lands lying and situate in the City of Tamarac, Broward County, Florida. SUNSET POINT PARK CASE NO. 6-Z-06 —TEMP ORD #2115 --- ■.rt�n_u_.._/._O _.._. ._vamp I_pss O_Ia_ pwl._u_.._1.io 'b�a outh ate'Bld: I —Ai I IA ! _ w Y! ti 1 —19 - i ,t SITE i�--��-; r- .•j y .-..... -. mow. `7 - WNab-F d. McNab Rd ...:..+ �„ • ter• , r 2 �•- L -- X op CITY COMMISSION May 10, 2006 Rezoning TA J a o City of Tamarac � ra 7525 N.W. 88`' Ave., Tamarac, Florida 33321-2401 Telephone: (954) 597-3530 Facsimile: (954) 597-3540 J. Christopher King Director ommunity Development DESIGNATION OF AGENT FOR QUASI-JUDICIAL PROCEEDINGS DATE: CASE NO.: . _ f— rJ IN THE MATTER OF: gVNY PERSON APPEARING ON YOUR BEHALF, IN YOUR ABSENCE, MUST �E DESIGNATED AS YOUR AGENT ON THIS FORM OR SUCH PERSON S ILL NOT BE ENTITLED TO SPEAK AT THE QUASI-JUCIDIA.L HEARING >-Z ND THE MATTER MAY BE DETERMINED WITHOUT THE BENEFIT OF JHEIR TESTIMONY. � - Jef f Peal , WILL ATTEND THE QUASI-JUDICIAL insert name of Agent) IWARING TO BE HELD IN MY ABSENCE. IN ADDITION, HAS MY PERMISSION TO ACT AS MY AGENT IN ALL MATTERS RELATING TO ANY PROCEEDINGS RELATED TO Sunset Point Park Expawdon Property (Address of subject property) THIS FORM MUST BE RETURNED PRIOR TO THE QUASI-JUDICIAL HEARING. SIGNATU OWNER: NAME/ADDRESS AND PHONE NO. OF DESIGNATED AGENT: Cit y Furniture I_Ii4�_ (Print Name of Owner) STATE OF FLORIDA' Jeff Peal (Print Name of Designated Agent) 1300 SE 2nd Street Fort Lauderdale, FL 33301_ _ Phone: 954-627-9180 Fax:954-627-9189 COUNTY OF BROWARD: 3a The foregoing instrument was acknowledged before me this rday of 200�0 by 11 _7 tf property, ,1� E� °� , owner o, who is personally known to me or has produced identification (type of identification) w(�h(o� (did/did not) take an oath. 1 �� MY COMMISSION N DD 406434 ;P EXPIRES; March 13, 2009 Notary Public State of Florida " ...... . gaKwThr,Nowyht"icf, MyCommisssion Expires: 1LCLMM) (Type or print name of Notary)