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HomeMy WebLinkAbout2002-06-26 - City Commission Regular Meeting Agenda7525 Northwest 88 Avenue Tamarac FL 33321 2401 TA , 1 A FIRST CLASS MAIL CITY OF TAMARAC REGULAR CITY COMMISSION MEETING CITY HALL CHAMBERS WEDNESDAY JUNE 26, 2002 CALL TO ORDER 9 00 A M ROLL CALL PLEDGE OF ALLEGIANCE INTRODUCTION 1 LEGISLATIVE UPDATE by State Representative Nan H Rich District 97 2 PROCLAMATIONS AND PRESENTATIONS - a Presentation by Mayor Schreiber of a proclamation proclaiming June 2002 as National Homeownership month b Presentation by Mayor Schreiber of a proclamation declaring the 21 days from Flag Day through Independence Day as a period to honor America known as the Twenty one Day Salute c Presentation by Mayor Schreiber of a proclamation proclaiming July 2002 as Parks and Recreation month d Presentation by Mayor Schreiber of a proclamation congratulating Suzanne Chesser for being named Small Business Person of the Year 2002 for the Tamarac Chamber of Commerce e Presentation by Mayor Schreiber of a plaque naming the City of Tamarac Tree City USA June 26 2002 1 PUBLIC PARTICIPATION 3 PUBLIC PARTICIPATION Any member of the public may speak to any issue which is not agendized for public hearing at this meeting Speakers will be limited to three minutes during this item and at public hearings There will be a thirty (30) minute aggregate time limit for this item and speakers are encouraged to sign up in advance with the City Clerk prior to their participation When an issue has been designated as quasi judicial public remarks shall only be heard during a quasi judicial hearing that has been properly noticed for that matter REPORTS 4 City Commission 5 City Attorney 6 City Manager a) Investment Report ANNOUNCEMENT OF TIME ALLOCATIONS MOTIONS TO TABLE The Chair at this time will announce those items which have been given a specific time to be heard and will entertain motions from the Commission members to table those items which require research The Commission may agendize by majority consent matters of an urgent nature which have come to the Commission s attention after publication CONSENT AGENDA 7 Motion to adopt items 7(a) through 7(p) Items listed under Consent Agenda are viewed to be routine and the recommendation will be enacted by ONE MOTION in the form listed below If discussion is desired then the item(s) will be removed from the Consent Agenda and will be considered separately a APPROVE the minutes of the June 12 2002 Regular Commission meeting b WARRANTY BOND RELEASE — GOLDEN CORRAL (TR9809) Releasing a Public Improvement Warranty Bond in the form of Surety Bond #45 SUN 271405 from Hartford Fire Insurance Company in the amount of $2 863 75 for the Water Distribution and Sewage Collection System improvements installed by Value Dining of Tamarac Inc for the Golden Corral Project located at 7401 West Commercial Boulevard authorizing the City Clerk to release Surety Bond #45 SUN 271405 June 26 2002 2 c PUBLIC IMPROVEMENT PERFORMANCE BOND RELEASE WATER & SEWAGE COLLECTION SYSTEM IMPROVEMENTS 7 ELEVEN (TR9806) Releasing a Public Improvement Performance Bond in the form of Surety Bond #3 614 865 in the amount of $5 805 00 for the Water Distribution and Sewage Collection System Improvements installed by Petropac Inc for the 7 Eleven Project located at 7901 West Commercial Boulevard authorizing the appropriate city officials to waive the requirement for the receipt of a one year warranty bond authorizing the City Clerk to release Surety Bond #3 614 865 d WARRANTY BOND RELEASE — WALGREENS AT WOODMONT SHOPPES (TR9810) Releasing a Public Improvement Warranty Bond in the form of Check #1214 from Oritt/Trion Woodmont Ltd in the amount of $3 218 75 for the Water Distribution and Sewage Collection System improvements installed by Oritt/Trion Woodmont Ltd for the Walgreens at Woodmont Shoppes Project located at 8199 North University Drive e WATER AND SEWER DEVELOPER'S AGREEMENT — FUTURE METALS (TR9799) Executing a Water and Sewer Developers Agreement with Future Metals Inc for the Future Metals Project located at 10301 State Street for one non residential water and sewer building connection requiring 5 ERC s for water and 5 ERC s for sewer requiring the payment of $16 000 00 in CIAC fees authorizing and directing the City Clerk to record said agreement in the public records of Broward County AGREEMENT ROAD CONCURRENCY LENNAR HOMES, INC (TR9821) Approving the Regional Road Concurrency Agreement between Broward County Lennar Land Partners a Florida General Partnership by Lennar Homes Inc (a Florida Corporation) and the City of Tamarac for Road Concurrency relating to Parcel H of the Kings Point Replat located on the east side of Nob Hill Road at NW 80th Street (Case No 2 AP 02) g CULTURAL AFFAIRS DESIGN ARTS GRANT PROGRAM LINEAR PARK SOUTHGATE BLVD (TR9816) Seeking grant funds through the Broward County Department of Cultural Affairs Design Arts Grant Program in the amount of $15 000 with a local match in the amount of $15 000 for a total project cost of $30 000 for design and public input processes for a new linear park along Southgate Boulevard between Nob Hill and the Sawgrass Expressway h AGREEMENT CLEAR CHANNEL OUTDOOR (TR9786) Executing an amendment to the Bus Shelter Agreement by and between the City of Tamarac and Clear Channel Outdoor formerly Eller Media Company for the provision of erecting and maintaining of bus stop shelters within the City of Tamarac AGREEMENT BENCH ADS OF TAMARAC (TR9787) Executing an amendment to the Bus Bench Agreement by and between the City of Tamarac and Bench Ads of Tamarac Inc for the provision of installing and maintaining bus benches within the City of Tamarac June 26 2002 3 DRAINAGE EASEMENT WOODLANDS SUBDIVISION DRAINAGE IMPROVEMENT PROJECT (TR9789) Executing a Tamarac Drainage Easement with Woodlands Country Club for the Woodlands Drainage Improvements Project located on the Woodlands Country Club property authorizing and directing the City Clerk to record said agreement in the Public Records of Broward County k AWARD OF BID WOODLANDS SUBDIVISION DRAINAGE IMPROVEMENT (TR9824) Awarding Bid Number 02 22B to Central Florida Equipment Rental Inc for the construction of the Woodlands Subdivision Drainage Improvements project authorizing an expenditure in an amount not to exceed $410 823 I AGREEMENT DISASTER RECOVERY SERVICES (TR9795) Terminating the agreement between the City of Tamarac and Grubbs Construction Company for disaster recovery services authorizing the appropriate City Officials to execute an agreement with Grubbs Emergency Services Inc utilizing Marion County RFQ #01 Q 017 for disaster recovery services m GRANT MEMORANDUM OF AGREEMENT — STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES (TR9827) Executing a Grant Memorandum of Agreement and Maintenance Memorandum of Agreement between the City of Tamarac and the State of Florida Department of Agriculture and Consumer Services for an Urban and Community Forestry grant in the amount of $10 000 for the provision of additional trees for the city s street improvement program amending the grants fund budget n ADDENDUM TO AGREEMENT RACHLIN COHEN & HOLTZ (TR9788) Executing an addendum to the existing agreement between the City of Tamarac and Rachlm Cohen & Holtz LLP Certified Public Accountants and Consultants exercising the option to extend auditing services for an additional two years o INTER LOCAL AGREEMENT CITY OF NORTH LAUDERDALE (TR9783) Executing an Inter Local Agreement between the City of Tamarac and the City of North Lauderdale for the construction of a sidewalk along NW 64th Avenue authorizing an expenditure of $26 666 authorizing a budget transfer within the street improvement construction fund p AGREEMENT --- OMNIPOINT HOLDINGS — TELECOMMUNICATIONS ANTENNA (TR9818) Executing an agreement with Omnipoint Holdings Inc d/b/a Voicestream Wireless for the installation of a telecommunications antenna and associated equipment on the existing tower at the city s Water Treatment Plant property authorizing the appropriate city officials to execute any permit applications as may be required on behalf of the city as owner of the property I : 4 i I9I6];Keel i6*4' W ,I June 26 2002 4 REGULAR AGENDA 8 APPOINTING VOTING DELEGATE FLORIDA LEAGUE OF CITIES (TR9826) Motion to approve Resolution appointing as the City of Tamarac s voting delegate to the 2002 Florida League of Cities Annual Conference directing the City Clerk to send a copy of this Resolution to the Florida League of Cities 9 AGREEMENT LENNAR LAND PARTNERS ROCKFORD PARCEL (TR9808) Motion to approve Resolution executing an agreement for purchase and sale of Real Property between Lennar Land Partners (Seller) and the City of Tamarac (Buyer) in the amount of three million eight hundred fifty thousand ($3 850 000 00) dollars for the City to purchase 15 1 acres +/ of vacant land for open space and recreational purposes authorizing the reimbursement of pre paid local park fees in the amount of twenty one thousand five hundred and sixty five dollars ($21 565 00) to the Seller authorizing the appropriate budgetary transfers PUBLIC HEARINGS 9 00 A M OR THEREAFTER ORDINANCES - SECOND READINGS 10 ELECTRIC FRANCHISE FLORIDA POWER & LIGHT (TO1969) Motion to adopt Ordinance on second reading granting to Florida Power & Light Company its successors and assigns an electric franchise imposing provisions and conditions relating thereto providing for monthly payments to the City of Tamarac and providing for an effective date APPROVED FIRST READING JUNE 12, 2002 11 SAFE NEIGHBORHOOD IMPROVEMENT DISTRICTS (TO1968) Motion to adopt Ordinance on second reading authorizing the creation of safe neighborhood improvement districts pursuant to Section 163 501 et seq Florida Statutes known as the Safe Neighborhoods Act providing for conflicts providing for severability and providing for an effective date APPROVED FIRST READING JUNE 12, 2002 June 26 2002 5 QUASI-JUDICIAL HEARINGS 12 AMENDMENT TO LAND USE ELEMENT OF CITY COMPREHENSIVE PLAN (TO1970) Motion to adopt ordinance on first reading adopting an amendment to the Land Use Element of the City Comprehensive Plan in accordance with Chapter 163 Section 163 3184 of the Florida Statutes concerning a Land Use Plan Amendment proposal by Holland and Knight LLP to change the use of land described as Portions of Tract 4 and 5 Section 10 Township 49 South Range 41 East of the Fort Lauderdale Truck Farms Subdivision Plat according to the Plat thereof as recorded in Plat Book 4 Page 31 of the Public Records of Broward County Florida located at the northwest corner of NW 64 Street and NW 74 Avenue from Commercial and Low Residential to Medium Residential (10 16 du/ac) through issuance of up to 100 flexibility units to allow for the construction of 115 residential units comprising of approximately seven (7) acres (Case No 1 LUA 02) providing for amendment to the Land Use Element to reflect such change providing for conflicts providing for severability and providing for an effective date 13 LIMITED PARKING WAIVER — CHURCH OF THE NAZARENE (TR9820) Motion to approve Resolution granting a Limited Parking Waiver of seventy five (75) required parking spaces for a church proposed to be located in the Shops of Tamarac on Sundays from 9 30 a m thru 12 00 p m and 8 00 p m thru 9 30 p m Mondays from 8 30 p m thru 9 30 p m and Fridays from 10 00 p m thru 12 00 a m to Church of the Nazarene located at 8681 West McNab Road specifically Parcel B of the Colony West Shopping Plaza Plat according to the Plat thereof as recorded in Plat Book 84 Page 25 of the Public Records of Broward County Florida (Case No 6 Z 02) providing for conditions of approval 14 SPECIAL EXCEPTION — SUBS 4 U1 — TAMARAC SQUARE PLAZA (TR9822) Motion to approve Resolution granting a Special Exception to allow the operation of a sub shop restaurant in a B 2 (Community Business District) zoning category to Subs 4 Ul located at 5229 North State Road 7 in the Tamarac Square Plaza shopping center specifically Parcel A of the Lembo Addition Plat according to the Plat thereof as recorded in Plat Book 96 Page 46 of the Public Records of Broward County Florida (Case No 10 Z 02) END OF QUASI-JUDICIAL HEARINGS END OF PUBLIC HEARINGS The City Commission may consider and act upon such other business as may come before it In the event this agenda must be revised such revised copies will be available to the public at the City Commission meeting June 26 2002 6 Pursuant to Chapter 286 0105 Florida Statutes if a person decides to appeal any decision made by the City Commission with respect to any matter considered at such meeting or hearing he may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is based The City of Tamarac complies with the provisions of the Americans With Disabilities Act If you are a disabled person requiring any accommodations or assistance please notify the City of such need at least 72 hours (3 days) in advance A-Z 2 t tl CT perlav Y. Marion Swenson CIVIC City Clerk June 26 2002 7 SED' CITY COMMISSION AiSENDA ITEM City Commission Meeting of: June 262002 Cut Off Date: June 12, 2002 Item Title: OR11111,XW1XL MCE Temporary Ordinance Number: 1970 ., Catalina Place - Land Use Plan Amendment - Case No. 1-LUA-02 - MF #02-01 An Ordinance of the City Commission of the City of Tamarac, Florida, adopting an amendment to the Land Use Element of the City Comprehensive Plan in accordance with Chapter 163, Section 163.3184 of the Florida Statutes, concerning a Land Use Plan Amendment proposal by Holland and Knight, LLP to change the use of land described as Portions of Tract 4 and 5, Section 10, Township 49 South, Range 41 East of the "Fort Lauderdale Truck Farms Subdivision" Plat, according to the Plat thereof as recorded in Plat Book 4, Page 31 of the Public Records of Broward County, Florida, located at the northwest corner of NW 64 Street and NW 74 Avenue, from Commercial and Low -Residential to Medium -Residential (10-16 du/ac) through issuance of up to 100 flexibility units to allow for the construction of 115 residential units; comprising of approximately seven (7) acres. The initiating Department Director will place below, in sequence of transmittal, the names of each department that must initial their review in order for this item to be placed on the City Commission agenda. Initials for Initials for Department _ Approval Disapproval Date 1.) Community Development G iz dz 2.) CMO `i M -_o-0Z 3.) City Attorney _ _ (0 9ldL 4.) City Manager _ 0z- 5.) City Clerk ` Z 6.) 71✓la.�.ia��iJ�s�. 7.) 8.) 9.) 10.) 11.) Initiating Department Director's Signature: Date: 4/x/dz UAPatS\USERDATA\WPDATA\Cover 02\1970sal Catalina Place 1lua02 2.01.doc Form Revised 6113/97 II¢Pt]ED AGENDA ITEM Temp. Ord. #: 1970 STAFF APPROVAL RECOMMENDED ® YES ❑ NO The proposed Agenda item is being submitted for Staff's approval and recommendation for City Commission action on June 26, 2002. Original documentation is attached herewith for distribution and inclusion on the City Commission Agenda. PROPOSED AGENDA ITEM Catalina Place - Land Use Plan Amendment - Case No. 1-LUA-02 - MF #02-011 1 An Ordinance of the City Commission of the City of Tamarac, Florida, adopting an amendment to the Land Use Element of the City Comprehensive Plan in accordance with Chapter 163, Section 163.3184 of the Florida Statutes, concerning a Land Use Plan Amendment proposal by Holland and Knight, LLP to change the use of land described as Portions of Tract 4 and 5, Section 10, Township 49 South, Range 41 East of the "Fort Lauderdale Truck Farms Subdivision" Plat, according to the Plat thereof as recorded in Plat Book 4, Page 31 of the Public Records of Broward County, Florida, located at the northwest corner of NW 64 Street and NW 74 Avenue, from Commercial and Low -Residential to Medium -Residential (10-16 du/ac) through issuance of up to 100 flexibility units to allow for the construction of 115 residential units; comprising of approximately seven (7) acres. PURPOSE Approval will allow the change to the City of Tamarac's Land Use Plan Map fRn Commercial and Low -Residential to Medium -Residential (10-16 du/ac). 0 STAFF RECOMMENDATION Tl-}e;.Director of Community Development recommends Approval. Liar..:, ADVISORY BOARD RECOMMENDATION n� f' anning Board recommended Approval on June 5, 2002. id . �w+ _ FUNDING DATA application is being funded b an application/ rocessin fee. �7TN9 .: � i n INSURANCE 4�� co There are no insurance issues affiliated with this application. SUBMITTED BY: Date: 4 APPROVED BY: Date: U:\PatS\USERDATA\WPDATA\Cover 02\1970sa1 Catalina Place 11ua02 2-01.doc Farm Revised 6113197 PROPOSED AGENDA ITEM Temp. Ord. #: 1970 STAFF APPROVAL RECOMMENDED ® YES F] NO 5, The proposed Agenda item is being submitted for Staff's approval and recommendation for City Commission action on June 26, 2002. Original documentation is attached herewith for distribution and inclusion on the City Commission Agenda. PROPOSED AGENDA ITEM Catalina Place - Land Use Plan Amendment - Case No. 1-LUA-02 - MF #02-011 1 An Ordinance of the City Commission of the City of Tamarac, Florida, adopting an amendment to the Land Use Element of the City Comprehensive Plan in accordance with Chapter 163, Section 163.3184 of the Florida Statutes, concerning a Land Use Plan Amendment proposal by Holland and Knight, LLP to change the use of land described as Portions of Tract 4 and 5, Section 10, Township 49 South, Range 41 East of the "Fort Lauderdale Truck Farms Subdivision" Plat, according to the Plat thereof as recorded in Plat Book 4, Page 31 of the Public Records of Broward County, Florida, located at the northwest corner of NW 64 Street and NW 74 Avenue, from Commercial and Low -Residential to Medium -Residential (10-16 du/ac) through issuance of up to 100 flexibility units to allow for the construction of 115 residential units; comprising of approximately seven (7) acres. PURPOSE Approval will allow the change to the City of Tamarac's Land Use Plan Map fgn Corr tercial and Low -Residential to Medium -Residential (10-16 du/ac). Q� ; --a - STAFF RECOMMENDATION ��'r`-ai ThL&,Director of Community Development recommends Approval. w L 0 . u. �� ADVISORY BOARD RECOMMENDATION C� —> anning Board recommended Approval on June 5, 2002. j ` �] FUNDING DATA TI14 application is being funded by an application/processing fee. - rn M Cn INSURANCE C7 0 There are no insurance issues affiliated with this application. SUBMITTED BY: Date: 4 a APPROVED BY: Date: U:\PatS\USERDATA\WPDATA\Covar 02\1970sal Catalina Place 1lua02 2-01.doc Form Revised 6/13197 CITY OF TAMARAC r%1 FROM: INTEROFFICE MEMORANDUM 02-06-003M COMMUNITY DEVELOPMENT DEPARTMENT City Manager Director of Community Development DATE: June 6, 2002 RE: Catalina Place — Large Scale Land Use Plan Amendment CASE#: 1-LUA-02 MF#: 02-01 — Temp Ord #1970 RECOMMENDATION: The Director of Community Development recommends the Mayor and City Commission approve the adoption of this Large Scale Land Use Plan Amendment. This application was approved at the May 17, 2002 Development Review Committee meeting and the June 5, 2002 Planning Board meeting. ISSUE: The applicant is requesting approval of a Large Scale Land Use Plan Amendment to change the designation of the subject property from Commercial and Low Residential to Medium -Residential (10-16 du/ac) to accommodate future development of approximately 115 residential units. BACKGROUND: 1. Application Information: APPLICANT: Carnahan, Proctor & Cross, Inc./Jay Huebner OWNER: Catalina Place LEGAL DESCRIPTION: Portions of Tract 4 and 5, Section 10, Township 49 South, Range 41 East of the "Fort Lauderdale Truck Farms Subdivision" Plat, according to the Plat thereof as recorded in Plat Book 4, Page 31 of the Public Records of Broward County, Florida. LOCATION: NW corner of NW 64 Street and NW 74 Avenue EXISTING LAND USE: Commercial/Low Residential EXISTING ZONING: B-6/R-1 C 2. The applicant is requesting the land use plan amendment to allow for the future development of approximately 115 residential units on the approximately seven (7) acre site, at a proposed density of 15 units per acre. The subject property is located at the northwest corner of N.W. 641h Street and N.W. 74th Avenue, approximately 250 feet east of University Drive. The property averages 285' (width) and 977' (length), and is divided into two (2) zoning designations: B-6 (Limited Business District) and R-1 C (Single Family Residential District), The B-6 section (4.744 acres) directly abuts commercially zoned properties along University Drive. The R-1 C portion (2.965 acres) lies directly east of the B-6 portion and runs along N.W. 74th Avenue, across from the Mainlands of Tamarac Lakes (Unit 15) residential community. The current zoning and land use designations allow commercial uses and 15 single family homes (maximum 5 units per acre). As part of the land use plan amendment request, the applicant has submitted the following justification statement for the request: City Manager Catalina Place—1-LUA-02 June 6, 2002 — Page 2 "The proposed amendment reflects the fact that the commercial portion of the property is inappropriate for commercial development due to its location, size and configuration, and the residential portion of the property is inappropriate for low density residential development due to its size, configuration and location adjacent to commercial uses on University Drive. The proposed townhouse project will provide for a transitional land use between the commercial uses to the west and north and the lower density residential uses to the east. The property is buffered from the adjacent lower density residential uses by N.W. 64th Street to the south and N.W. 74th Avenue to the east." In addition to the Land Use Plan Amendment, in order to accommodate the proposed development, the applicant will be responsible for the following items requiring action by the City Commission and/or Broward County Board of Commissioners: ■ Submittal of a complete Site Development Plan application package, prepared in compliance with all pertinent sections of the City of Tamarac's Code of Ordinances. • Submittal of a Rezoning request changing the designation of the subject property from R- 1 C and B-6 to R-4A (Planned Apartment District) to accommodate the proposed townhouse development. ■ A Special Exception request to allow more than one (1) multiple family structure on the parcel. ■ Application of up to 100 "flex units" to assign residential density to the commercial portion of the property. The actual number flex units will be defined with the submittal of a Site Plan. 3. The request is consistent with the following Goals, Objectives and Policies of the City of Tamarac Comprehensive Plan and Broward County Land Use Plan (see Exhibit "A"). 4. Surrounding Land Use and Zoning designations are as follows: Direction Land Use Zo_ ning North Commercial B-2 (Planned Community Business) Commercial Recreation S-1 (Commercial Recreation) South Commercial B-2 (Planned Community Business) Commercial Recreation S-1 (Commercial Recreation) East Low (0-5) Residential R-1 (Single Family Residential) West Medium (10-16) Residential R-4A (Planned Apartment) 5. The applicant has provided a letter from the Broward County School Board regarding the proposed amendment. The portion of the property currently zoned R-1 C will generate 15 single family homes and generate a total of seven (7) students. The proposed 115 townhouse units will generate 32 students, resulting in the generation of 25 additional students for the Broward County Public School system. Students living in the amendment area would be assigned to Pinewood Elementary School, Westpine Middle School, and Piper High School. City Manager Catalina Place—1-LUA-02 June 6, 2002 — Page 3 "Based upon the 2001/02 School Year 20th Day Enrollment Report, Pinewood Elementary School is currently overcrowded. However, to ease overcrowding at the school, the adopted 2002/03 school boundaries enables the transfer of 138 students from the elementary school to North Lauderdale Elementary School. Westpine Middle School is currently critically overcrowded. In the adopted School Board District Facilities Work Program, Fiscal Years 2001/02 to 2005/06, Middle School "II" is scheduled to provide some relief to overcrowding at Westpine Middle School. The new middle school is currently under construction and is slated to open in the Fall of 2002." The letter from the School Board identifies charter schools located within a two-mile radius of the amendment area that may serve some of the students to be generated from the subject site. These charter schools include: North Broward Academy of Excellence Elementary School, Chancellor Charter School at North Lauderdale Elementary School, and North Lauderdale Academy High School. 6. The applicant has prepared a Comprehensive Plan Amendment package in accordance with the City's requirements. The amendment package contains an analysis of the anticipated impacts to public facilities, as well as an analysis of the City's ability to provide public facilities at the adopted level of service. J. Chrigfopher King JCK/ps The request for Land Use Plan amendment for Catalina Place is consistent with the following Goals, Objectives and Policies of the City of Tamarac Comprehensive Plan: Future Land Use Plan Element: POLICY 1.5 POLICY 1.6 OBJECTIVE 4 The City will provide for land use categories in the Future Land Use Element and Map which allow for the continued development of housing at a variety of densities, for a variety of lifestyles; including, but not limited to, retirement housing and family housing. OBJECTIVE 9 The City of Tamarac will continue to keep in place subdivision and other land development regulations which promote well planned, orderly, and attractive development which is consistent with the City's adopted Capital Improvement Element and with the goals, objectives, and policies of the Broward County Land Use Plan. POLICY 9.1 POLICY 9.3 POLICY 9.5 OBJECTIVE 10The City will continue to implement land use controls which promote neighborhoods (residential and nonresidential) that are attractive, well maintained, and that contribute to the health, safety, and welfare of their residents and users. POLICY 11.1 POLICY 16.1 The proposed Land Use Plan Amendment is consistent with the following Goals, Objectives and Policies of the Broward County Land Use Plan: GOAL 01.00.00 PROVIDE RESIDENTIAL AREAS WITH A VARIETY OF HOUSING TYPES AND DENSITIES OFFERING CONVENIENT AND AFFORDABLE HOUSING OPPORTUNITIES TO ALL SEGMENTS OF BROWARD COUNTY'S POPULATION WHILE MAINTAINING A DESIRED QUALITY OF LIFE AND ADEQUATE PUBLIC SERVICES AND FACILITIES. OBJECTIVE 01.01.00 RESIDENTIAL DENSITIES AND PERMITTED USES IN RESIDENTIAL AREAS Accommodate the projected population of Broward County by providing adequate areas on the Future Broward County Land Use Plan Map (Series) intended primarily for residential development, but which also permit those non-residential uses that are compatible with and necessary to support residential neighborhoods. OBJECTIVE 01,03.00 CORRELATION OF RESIDENTIAL DENSITIES WITH TRANSPORTATION FACILITIES Correlate the impacts of residential development with the regional roadway network of Broward County and all existing and planned transit facilities to ensure the adequacy and safety of all transportation facilities. POLICY 01.03.01 GOAL 08.00.00 PHASE GROWTH CONSISTENT WITH THE PROVISION OF ADEQUATE REGIONAL AND COMMUNITY SERVICES AND FACILITIES OBJECTIVE 08.01.00 COORDINATE FUTURE LAND USES WITH AVAILABILITY OF REGIONAL AND COMMUNITY FACILITIES AND SERVICES Coordinate future land uses with the availability of regional and community facilities and services sufficient to meet the current and future needs of Broward County's population and economy without endangering its environmental resources. Local Development_ Review POLICY 08.01.01 POLICY 14.02.00 POLICY 14.02.01 June 6, 2002 - Temp Ord #1970 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-2002- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, ADOPTING AN AMENDMENT TO THE LAND USE ELEMENT OF THE CITY COMPREHENSIVE PLAN IN ACCORDANCE WITH CHAPTER 163, SECTION 163,3184 OF THE FLORIDA STATUTES, CONCERNING A LAND USE PLAN AMENDMENT PROPOSAL BY HOLLAND AND KNIGHT, LLP TO CHANGE THE USE OF LAND DESCRIBED AS PORTIONS OF TRACT 4 AND 5, SECTION 10, TOWNSHIP 49 SOUTH, RANGE 41 EAST OF THE "FORT LAUDERDALE TRUCK FARMS SUBDIVISION" PLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 31 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, LOCATED AT THE NORTHWEST CORNER OF NW 64 STREET AND NW 74 AVENUE, FROM COMMERCIAL AND LOW -RESIDENTIAL TO MEDIUM -RESIDENTIAL (10-16 DU/AC) THROUGH ISSUANCE OF UP TO 100 FLEXIBILITY UNITS TO ALLOW FOR THE CONSTRUCTION OF 115 RESIDENTIAL UNITS; COMPRISING OF APPROXIMATELY SEVEN (7) ACRES (CASE NO. 1-LUA-02); PROVIDING FOR AMENDMENT TO THE LAND USE ELEMENT 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 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 June 6, 2002 - Temp Ord #1970 2 Florida Regional Planning Council (SFRPC) and the State Department of Community Affairs (DCA); and WHEREAS, the Planning Board of the City of Tamarac has reviewed this Land Use Plan Amendment to the Land Use Plan of the City of Tamarac as described in Exhibit "A" (attached hereto) and made a part of this Ordinance; and has made a recommendation to the City Commission; and WHEREAS, this amendment will be transmitted to the State of Florida Department of Community Affairs (DCA) for review; and WHEREAS, the Director of Community Development recommends approval; and WHEREAS, the City Commission of the City of Tamarac has held public hearings on this amendment to the Land Use Plan Element of the Comprehensive Plan; and WHEREAS, this amendment located within the City of Tamarac will be submitted to the Broward County Planning Council for recertification upon adoption by the City Commission on Second and Final Reading; 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 Land Use Element of the City Comprehensive Plan in accordance with Chapter 163, Section 163.3184 of the Florida Statutes, concerning a Land Use Plan Amendment proposal by Holland and Knight, LLP to change the use of land described as Portions of Tract 4 and 5, Section 10, Township 49 South, Range 41 East of the "Fort Lauderdale Truck Farms Subdivision" Plat, according to the Plat thereof as recorded in Plat Book 4, Page 31 of the Public Records of Broward County, Florida, located at the northwest corner of NW 64 Street and NW 74 Avenue, June 6, 2002 - Temp Ord #1970 3 from Commercial and Low -Residential to Medium -Residential (10-16 du/ac) through issuance of up to 100 flexibility units to allow for the construction of 115 residential units; comprising of approximately seven (7) acres. NOW, THEREFORE, BE IT ORDAINED BYTHE 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 partof the Ordinance upon adoption hereof. SECTION 2: The City Commission has reviewed the application and find the following: 1. The application 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-02) reviewed by the Planning Board and approved by June 6, 2002 - Temp Ord #1970 4 the City Commission, attached hereto and made a part of this ordinance, as shown on Exhibit "A" from Commercial and Low -Residential to Medium -Residential (10-16 du/ac), is hereby adopted and shall become effective upon the expiration of a twenty-one (21) day appeal period subsequent to the publishing of a Notice of Intent to find in compliance by the State of Florida Department of Community Affairs (DCA). This amendment shall be construed as permitting a maximum of 115 residential units to be constructed on the property described in Exhibit "A". SECTION 4: That the Director of Community Development 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. 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. 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 the June 6, 2002 - Temp Ord #1970 5 expiration of a twenty-one (21) day appeal period subsequent to the publishing of a Notice of Intent to find in compliance by the State of Florida Department of Community Affairs (DCA). PASSED, FIRST READING this day of , 2002. PASSED, SECOND READING this day of , 2002. JOE SCHREIBER MAYOR ATTEST: MARION SWENSON, CIVIC CITY CLERK I HEREBY CERTIFY that I have approved this ORDINANCE as to form. MITCHELL S. KRAFT CITY ATTORNEY commdev\u:\pats\userdata\wpdata\ord\1970ord EXHIBIT "A" TEMP ORD #1970 The request for Land Use Plan amendment for Catalina Place is consistent with the following Goals, Objectives and Policies of the City of Tamarac Comprehensive Plan: Future Land Use Plan Element: POLICY 1.5 POLICY 1.6 OBJECTIVE 4 The City will provide for land use categories in the Future Land Use Element and Map which allow for the continued development of housing at a variety of densities, for a variety of lifestyles; including, but not limited to, retirement housing and family housing. OBJECTIVE 9 The City of Tamarac will continue to keep in place subdivision and other land development regulations which promote well planned, orderly, and attractive development which is consistent with the City's adopted Capital Improvement Element and with the goals, objectives, and policies of the Broward County Land Use Plan. POLICY 9.1 POLICY 9.3 POLICY 9.5 OBJECTIVE 10The City will continue to implement land use controls which promote neighborhoods (residential and nonresidential) that are attractive, well maintained, and that contribute to the health, safety, and welfare of their residents and users. POLICY 11.1 POLICY 16.1 The proposed Land Use Plan Amendment is consistent with the following Goals, Objectives and Policies of the Broward County Land Use Plan: GOAL 01.00.00 PROVIDE RESIDENTIAL AREAS WITH A VARIETY OF HOUSING TYPES AND DENSITIES OFFERING CONVENIENT AND AFFORDABLE HOUSING OPPORTUNITIES TO ALL SEGMENTS OF BROWARD COUNTY'S POPULATION WHILE MAINTAINING A DESIRED QUALITY OF LIFE AND ADEQUATE PUBLIC SERVICES AND FACILITIES. OBJECTIVE 01.01.00 RESIDENTIAL DENSITIES AND PERMITTED USES IN RESIDENTIAL AREAS Accommodate the projected population of Broward County by providing adequate areas on the Future Broward County Land Use Plan Map (Series) intended primarily for residential development, but which also permit those non-residential uses that are compatible with and necessary to support residential neighborhoods. OBJECTIVE 01.03.00 CORRELATION OF RESIDENTIAL DENSITIES WITH TRANSPORTATION FACILITIES Correlate the impacts of residential development with the regional roadway network of Broward County and all existing and planned transit facilities to ensure the adequacy and safety of all transportation facilities. POLICY 01.03.01 GOAL 08.00.00 PHASE GROWTH CONSISTENT WITH THE PROVISION OF ADEQUATE REGIONAL AND COMMUNITY SERVICES AND FACILITIES OBJECTIVE 08.01.00 COORDINATE FUTURE LAND USES WITH AVAILABILITY OF REGIONAL AND COMMUNITY FACILITIES AND SERVICES Coordinate future land uses with the availability of regional and community facilities and services sufficient to meet the current and future needs of Broward County's population and economy without endangering its environmental resources. Local Development Review POLICY 08.01.01 POLICY 14.02.00 POLICY 14.02.01 else ��r�e�r� � a ►�� i a��:� � DESIGNATION OF AGENT' FC QUASI-JUDICIAL PROCEE_..NG, DATE: CASE NO.: ]_ IN THE MATTER OF: ANY PERSON APPEARING ON YOUR BEHALF, IN YOUR ABSENCE, MUST BE DESIGNATED AS YOUR AGENT ON THIS FORM OR SUCH PERSON WILL NOT BE ENTITLED TO SPEAK AT THE QUASI-JUCIDIAL HEARING AND THE MATTER MAY BE DETERMINED WITHOUT THE BENEFIT OF THEIR TESTIMONY. Gerald L.._Knight,,__)=sq _ �, WILL ATTEND THE QUASI-JUDICIAL (insert name of Agent) HEARING TO BE HELD ON to be determined IN MY ABSENCE. IN ADDITION, Gexa1 HAS MY PERMISSION TO ACT AS MY AGENT IN ALL MATTERS RELATING TO ANY PROCEEDINGS RELATED TO the N =Q-r of NW 6d_ St and NW_7 ve (Address of subject property) THIS FORM MUST BE RETURNED PRIOR TO THE QUASI-JUDICIAL HEARING. SIGNATURE OF OWNER: VERNONSHIRE 'INC. 1 (Print Name of Owner) STATE OF FLORIDA: COUNTY OF BROWARD: NAME/ADDRESS AND PHONE NO. OF DESIGNATED AGENT: (Print Name of Designated Agent) Holland & Knight LLP One E. Broward Blvd., Suite 1300 Phone: 954-468-7868 Fax: 954-463-2030 The foregoing instrument was acknowledged before me this loth day of June , 200 2, by Paul H. Kupfer *owner of property, who is personally known to me or has produced identification ( )and who (did/did not) take an oath. *attorney in fact for Vernonshire, Inc. My Commission Expires: 'Aot' ,4,, Virginia Grant ' s "mmission # CC 857991 ?:� .T ExpiresSep. 12,2003 B, Handed Thru Atlantic Bondinc Co., tic. (type of identification) 4t_P`u`blic�'-rState of Florida Virginia Grant (Type or print name of Notary)