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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2009-004Temp Ord #2177 April 13, 2009 Page 1 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-2009- 6 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, ADOPTING AN AMENDMENT TO THE CITY OF TAMARAC COMPREHENSIVE LAND USE PLAN IN ACCORDANCE WITH CHAPTER 163, AND SPECIFICALLY SECTION 163.3184 FLORIDA STATUTES, CONCERNING A SMALL-SCALE LAND USE PLAN AMENDMENT PROPOSAL BY THE CITY OF TAMARAC TO CHANGE THE DESIGNATION OF THE SUBJECT USE OF LAND DESCRIBED AS LOT 15, BLOCK 8, LYONS ROAD SUBDIVISION AS RECORDED IN PLAT BOOK 69, PAGE 42 B.C.R. LOCATED EAST OF PINE ISLAND ROAD, NORTH OF COMMERCIAL BOULEVARD FROM COMMERCIAL TO RECREATION AND OPEN SPACE TO ACCOMMODATE THE FUTURE DEVELOPMENT OF A PARK (CASE NO. 1- LUA-09); PROVIDING FOR AMENDMENT TO THE LAND USE PLAN TO REFLECT SUCH CHANGE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR 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, Florida, pursuant to the Local Government Comprehensive Planning Act, and in accordance with all of its terms and provisions, has prepared and adopted a comprehensive plan; and Temp Ord #2177 April 13, 2009 Page 2 WHEREAS, on April 15, 2009 the City of Tamarac Planning Board passed a motion to transmit the Small Scale Land Use Plan Amendment application for the subject property to the City Commission and Broward County Planning Council with a favorable recommendation; and WHEREAS, City staff recommends the approval of the proposed land use plan amendment; and WHEREAS, the City has held the required public hearings and directs that this land use plan amendment be transmitted to the Broward County Planning Council; and WHEREAS, the City Commission deems the transmittal of the Small Scale Land Use Plan Amendment, as detailed herein, to be in the best interests of the citizens and residents of the City; and WHEREAS, the City Commission of the City of Tamarac has deemed it to be in the best interest of the citizens and residents of the City of Tamarac to adopt an Amendment to the City of Tamarac Comprehensive Land Use Plan in accordance with Chapter 163, and specifically Section 163.3184 Florida Statutes, concerning a Small - Scale Land Use Plan Amendment proposal by the City of Tamarac, to change the designation of the subject use of land from Commercial to Recreation and Open Space (1.37 gross acres), on Lot 15, Block 8, Lyons Commercial Subdivision as recorded in Plat book 69, Page 42, of the public records of Broward County Records. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: Temp Ord #2177 April 13, 2009 Page 3 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 has reviewed the application and finds the following: 1. The Amendment 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: That the Land Use Plan Amendment to the certified Land Use Plan of the City of Tamarac (Case No. 1-LUA-09) 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 Recreation and Open Space is hereby adopted. SECTION 4: That the Director of Community Development is further authorized and directed to make the necessary textual changes to the City's certified Land Use Plan and the changes to the map in order to reflect the above -stated changes. SECTION 5: 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. Temp Ord #2177 April 13, 2009 Page 4 SECTION 6: 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 7: This Ordinance shall become effective immediately upon passage and adoption. PASSED, FIRST READING this day of'f1 , 2009. PASSED, SECOND READING this j day of , 2009. cl i BETH FLANSBAU -TALABISCO MAYOR ATTEST: RECORD OF COMMISSION VOTE: 1st Reading t.MARIO_ N SWENSON CMC MAYOR FLANSBAUM-TALABISCO -= CITY CLERK DIST 1: COMM.BUSHNELL DIST 2: VM ATKINS-GRAD '- DIST 3: COMM. GLASSER DIST 4: COMM. DRESSLER I HEREBY CERTIFY that I have approved this ORDINANCE as to form. RECORD OF COMMISSION VOTE: 2nd Reading MAYOR FLANSBAUM-TALABISCO' DIST 1: COMM BUSHNELL DIST 2: VM. ATKINS-GRAD DIST 3: COMM. GLASSER 1 DIST 4: COMM. DRESSLER .fin A �AMUEL S. GOREN ?:�'�J CITY ATTORNEY CHEVRON SITE 1-LUA-99 Y E1111111 I M IIIY11 NINON CITY COMMISSION APR I L 22, 2009 CASE NO 1-LUA-09 NW 57th Street ) Subject Property West Commercial Boulevard S City of Sun rise Not To Scale Jennifer Bramley Director Community Development Department 7525 N.W.88thAve Tamarac, FL 33321-2401 Tlelephone (954) 597-3530