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Home My WebLink AboutCity of Tamarac Ordinance O-2019-010 Temp. Ord. No. 2401 May 8, 2019 Page 1 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-2019- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF TAMARAC REFERENCED IN SECTION 10-2.1(B) OF CHAPTER 10 OF THE CITY OF TAMARAC CODE OF ORDINANCES TO REFLECT THE REZONING OF CERTAIN REAL ESTATE PROPERTY DESCRIBED AS ALL OF THAT LAND SHOWN AS PARCEL "A" AND PARCEL "B" ON THE PLAT OF COLONY WEST SHOPPING PLAZA AS RECORDED IN PLAT BOOK 84 PAGE 25 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, , AND FULLY DESCRIBED IN THE LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT "A", FROM THE CURRENT MU-N (MIXED-USE NEIGHBORHOOD) ZONING CLASSIFICATION TO R-3 (MULTI-FAMILY RESIDENTIAL)ZONING CLASSIFICATION, FOR THE SUBJECT PROPERTY LOCATED AT 8501 WEST MCNAB ROAD, IN ORDER TO ALLOCATE TWO HUNDRED AND TWELVE (212) FLEXIBILITY UNITS AND 8.74 GROSS COMMERCIAL-TO-RESIDENTIAL FLEX ACRES TO FACILITATE THE DEVELOPMENT OF A RESIDENTIAL APARTMENT USE AND PROVIDE CONSISTENCY WITH THE LAND DEVELOPMENT CODE IN ACCORDANCE WITH THE INTENT OF THE COMPREHENSIVE PLAN OF THE CITY OF TAMARAC; (CASE NO. 10-Z-18); PROVIDING FOR AMENDMENT TO THE OFFICIAL ZONING MAP TO REFLECT SUCH CHANGE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, James Drotos, designated agent for the property owners, Vicdis Investment, LLC, Promociones 03, LLC, and Vadi Financing, Inc., has requested that certain real estate property located at 8501 West McNab Road, containing 6.24 net acres of land, be rezoned from MU-N (Mixed-Use Neighborhood) to R-3 (Multi-Family Residential); and WHEREAS, in accordance with Section 10-2.2(B) of the Land Development Code, the purpose of the Multi-Family Residential (R-3) district is intended to provide for medium- and higher-density residential neighborhoods and promotes a well-planned mixture of single-family, two-family, and higher-density, multi-family residential development adjacent to commercial corridors, business centers, and other community service activity centers; and Temp. Ord. No. 2401 May 8, 2019 Page 2 WHEREAS, the Community Development Director believes the proposed rezoning is consistent with the Comprehensive Plan in that the proposed zoning designation will be consistent with the underlying land use designation; and WHEREAS, Broward County and the City of Tamarac Land Use Plan allows rearrangement of land uses and residential densities within the City's Unified Flexibility Zone, within the limits specified by the Broward County Land Use Plan; and WHEREAS, the Broward County Land Use Map designation of the subject property is Commerce; and WHEREAS, the proposed rezoning warrants the allocation of two hundred and twelve (212) flexibility units and 8.74 Gross Commercial-to-Residential Flex Acres to be consistent with the Broward County Land Use Plan; 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 subject property 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, on May 1, 2019, the Planning Board held a duly advertised Public Hearing and unanimously found the rezoning application met the requirements of Article II, Section 10-5.4(F) of the Code of Ordinances, and is in harmony with the goals, objectives and policies of the Comprehensive Plan and recommends approval; and WHEREAS, the Director of Community Development recommends approval of this rezoning and the allocation of two hundred and twelve (212)flexibility units and 8.74Gross Commercial-to-Residential Flex Acres; and WHEREAS, the City Commission of the City of Tamarac, Florida, hereby accept the Planning Board's recommendation, and find that the proposed rezoning is consistent with Temp. Ord. No. 2401 May 8, 2019 Page 3 the City of Tamarac Comprehensive Plan and is therefore in the best interest of the City. 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; all exhibits attached hereto are incorporated herein and made a specific part thereof. SECTION 2: That the lands for which the legal description is hereto attached as Exhibit"A", (incorporated herein and made a specific part of this Ordinance) are hereby rezoned from MU-N (Mixed-Use Neighborhood)to R-3 (Multi-Family Residential) subject to the following condition: 1. The applicant shall submit the appropriate applications to the Broward County Planning Council to recertify the City's Future Land Use Map and supply a copy of the approved recertified map to the Community Development Department prior to the issuance of a building permit. 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: That a total of two hundred and twelve (212)flexibility units and 8.74 Gross Commercial-to-Residential Flex Acres shall be allocated to the subject property. 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. No. 2401 May 8, 2019 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 not become effective until thirty-one (31) days after the associated Land Use Plan Amendment adoption if not otherwise challenged. PASSED, FIRST READING this , day of 727S7 , 2019. PASSED, SECOND READING this 1-)) day of9,„. , 2019. �A �r—il j J MICHELLE J. GOM 2, MAYOR ATTEST: PATRICIA TEUF , MC CITY CLERK RECORD OF COMMISSION VOTE: 1st Reading MAYOR GOMEZ DIST 1: COMM. BOLTON DIST 2: COMM. GELIN 4 DIST 3: COMM. FISHMAN DIST 4 V/M PLACKO I HEREBY CERTIFY that I have approved this ORDINANCE as to form RECORD OF COMMISSION VOTE: 2nd Reading MAYOR GOMEZ DIST 1: COMM. 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