HomeMy WebLinkAboutCity of Tamarac Ordinance O-2002-022June 6, 2002 - Temp Ord #1970 1
Revision No. 1 — October 3, 2002
CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0-2002-22
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 (0-5
DU/AC) TO MEDIUM -RESIDENTIAL. (10-16 DU/AC) THROUGH
ISSUANCE OF SIXTY-ONE (61) FLEXIBILITY UNITS AND A
MAXIMUM OF TWENTY-FIVE (25) RESERVE UNITS TO ALLOW
FOR THE CONSTRUCTION OF EIGHTY-SIX (86) 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
Florida Regional Planning Council (SFRPC) and the State Department of Community Affairs
(DCA); and
June G, 2002 - Temp Orel # 1970 2
Revision No. 1 — October 3, 2002
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,
from Commercial and Low -Residential (0-5 du/ac) to Medium -Residential (10-16 du/ac) through
issuance of sixty-one (61) flexibility units and a maximum of twenty-five (25) reserve units to
1
E
June 6, 2002 - Temp Ord #1970 3
Revision No. 1 — October 3, 2002
allow for the construction of eighty-six (86) residential units; comprising of approximately seven
(7) acres.
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.
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.
June 6, 2002 - Temp Ord # 1970 4
Revision No. i — October 3, 2002
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
the City Commission, attached hereto and made a part of this ordinance, as shown on Exhibit
"A" from Commercial and Low -Residential (0-5 du/ac) 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 eighty-six (86) 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.
1.1
June 6, 2002 - Temp Ord #1970 5
Revision No. 1 — October 3, 2002
SECTION 7: This Ordinance shall become effective immediately 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).
PASSED, FIRST READING this 26th day of June, 2002.
PASSED, SECOND READING this 9th day of October, 2002.
ATTEST:
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
ORDINANCE as to form.
MITCHELL S. K'RA[
CITY ATTORNEY
commde.v\u:\pats\userdata\wpdate\ord\19700rd
1
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER
AYE
DIST 1:
V/M. PORTNER
AYE
DIST 2:
COMM. MISHKIN
AYE
DIST 3:
COMM. SULTANOF
AYE
DIST 4:
COMM. ROBERTS
AYE
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
CATALINA PLACE
CASE NO. 1-LUA-02 - TEMP ORD #'1970
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CITY COMMISSION•City of Tamarac
June 26, 2002
J. Christopher King 7525 N.W. 88th Ave., Tamarac, Florida 33321-2401
Land Use Plan Amendment Director Telephone, (954) 724-1292
Community Development Facsimile: 724-2453
DESIGNATION OF AGEN-""
FC QUASI-JUDICIAL PROCEL NG-
DATE:
CASE N0_:
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_
9Lt-,.._s-q._._-_._. WILL ATTEND THE QUASI-JUDICIAL
(insert name of Agent)
HEARING TO BE HELD ON to be deterrnined.. IN MY ABSENCE. IN ADDITION,
Ge-ra-Ld--- �n..i, tit_,__ q._ HAS MY PERMISSION TO ACT AS MY AGENT IN
ALL MATTERS RELATING TO ANY PROCEEDINGS RELATED TO
(Address of subject property)
THIS FORM MUST BE RETURNED PRIOR TO THE QUASI-JUDICIAL HEARING.
SIGNATURE OF OWNER:
VE=RNONSill IRE .IvC.
Z.
_ .
(Print Name of Owner)
STATE OF FLORIDA:
COUNTY OF BROWARD:
NAME/ADDRESS AND PHONE NO.
OF DESIGNATED AGENT:
(Print Name of Designated Agent)
(Tolland & Knight LLP
Une E •—Brgwarcl. Blvd... Suite 1 0
r�Las�d�rct�l
Phone: 954-468-7868
Fax: 954-463-2030
The foregoing instrument was acknowledged before me this 20tti day of
June -, 200 2-, by__-Pau_E. H. xupfer ;owner of property, who is
_ _
�ersonall known to me or has produced identification
(type of identification)
WHO (did/did not) take an oath.
*attorney ill fact for
Vernonshire, Inc.
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