HomeMy WebLinkAboutCity of Tamarac Ordinance O-2002-004September 7, 2001 - Temp Ord #1945 1
Revision No. 1 - January 9, 2002
CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0-2002-004
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
PARCEL "A" OF THE "KINGS POINT
COMMERCIAL PARK" PLAT, ACCORDING TO
THE PLAT THEREOF AS RECORDED IN PLAT
BOOK 150, PAGE 9 OF THE PUBLIC RECORDS
OF BROWARD COUNTY, FLORIDA, LOCATED
AT THE SOUTHWEST CORNER OF NOB HILL
ROAD AND NW 80 STREET, FROM
COMMERCIAL TO MEDIUM -RESIDENTIAL (10-16
DU/AC) THROUGH ISSUANCE OF EIGHTY-
SEVEN (87) FLEXIBILITY UNITS TO ALLOW FOR
THE CONSTRUCTION OF EIGHTY-SEVEN (87)
TOWNHOMES; COMPRISING OF
APPROXIMATELY SIX (6) ACRES; CASE NO. 1-
LUA-01; 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
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Revision No. 1 - January 9, 2002
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
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 Parcel "A" of the "Kings Point
Commercial Park" Plat, according to the Plat thereof as recorded in Plat Book 150, Page 9 of
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Revision No. 1 - January 9, 2002
the Public Records of Broward County, Florida, located at the southwest corner of Nob Hill
Road and NW 80 Street, from Commercial to Medium -Residential (10-16 du/ac) through
issuance of eighty-seven (87) flexibility units to allow for the construction of eighty-seven (87)
townhomes; comprising of approximately six (6) 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.
SECTION 2:
following:
The City Commission has reviewed the application and find the
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.
September 7, 2001 - Temp Ord #1945 4
Revision No. 1 - January 9, 2002
SECTION 3: That the Land Use Plan Amendment to the certified Land Use Plan
of the City of Tamarac, Case No. 1-LUA-01, 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 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-seven (87) townhomes 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.
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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.
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Revision No. 1 - January 9, 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 September, 2001.
PASSED, SECOND READING this 9th day of January, 2002.
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JOE SCHREIBER
MAYOR
TTEST:
MARION- NSON, CMC
CITY CLERK
I HEREBY CERTIFY that I
have approved this
ORDINANCE as to form.
ITCHELL S. N
CITY ATTOR
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RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER _Ayer
DIST 1: COMM. PORTNER
DIST 2: COMM. MISHKIN A
DIST 3: V/M SULTANOF -.ie
DIST 4: COMM. ROBERTS