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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2012-005Temp Ord. No. 2240 January 11, 2012 Page 1 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-2012-0J5- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AMENDING PRIOR ZONING OF CERTAIN REAL ESTATE PROPERTY OTHERWISE KNOWN ARCHDIOCESE OF MIAMI FROM R-3 (LOW DENSITY MULTIFAMILY RESIDENTIAL DISTRICT) TO LI-1 (LIGHT INDUSTRIAL DISTRICT), FOR THE PROPERTY LOCATED ON THE SOUTHEAST CORNER OF WEST MCNAB ROAD AND HIATUS ROAD WITHIN THE TAMARAC COMMERCE PARK AT 10500 WEST MCNAB ROAD (A PART OF TRACT 8 OF SECTION 7, TOWNSHIP 49 SOUTH, RANGE 41 EAST OF "FLORIDA FRUIT LANDS COMPANY'S SUBDIVISION NO 2" AS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 102 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA) (CASE NO. 8-Z-11); PROVIDING FOR AMENDMENT OF THE OFFICIAL ZONING MAP TO REFLECT SUCH CHANGE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Suzanne A. Dockerty, Esq., designated agent as attorney for the property owner, Francis Realty Corp., has requested that certain real estate property located at or around 10500 West McNab Road (legal description is attached hereto as Exhibit "A", incorporated herein and made a specific part thereof) containing 4.67 gross acres of land be rezoned from R-3 (Low Density Multifamily Residential District) to LI-1 (Light Industrial District) to allow the zoning of the subject property to be consistent with the Industrial Future Land Use designation; and Temp Ord. No. 2240 January 11, 2012 Page 2 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 property described herein 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, the Director of Community Development recommends approval of this rezoning; and WHEREAS, on December 7, 2011 the Planning Board held a duly advertised Public Hearing and recommended approval of the rezoning; and WHEREAS, the public hearing has been held on Case No. 8-Z-11 by the City Commission pursuant to the Charter and Florida State Statutes; and WHEREAS, the City Commission of the City of Tamarac, Florida, deems the rezoning to be consistent with the City of Tamarac Comprehensive Plan; and WHEREAS, the City Commission of the City of Tamarac has deemed it to be in the best interests of the citizens and residents of the City of Tamarac to amend prior zoning of certain real estate property located at or around 10500 West McNab Road (legal description is attached hereto as Exhibit "A", incorporated herein and made a specific part thereof) containing 4.67 gross acres of land be rezoned from R-3 (Low Density Multifamily Residential District) to LI-1 (Light Industrial District) to allow the zoning of the subject property to be consistent with the Industrial Future Land Use designation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: 1 Temp Ord. No. 2240 January 11, 2012 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; all exhibits attached hereto are incorporated herein and made a specific part thereof. SECTION 2: That the lands for which the legal description is attached as Exhibit "A" and incorporated herein are hereby rezoned from R-3 (Low Density Multifamily Residential District) to LI-1 (Light Industrial District). 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: 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 5: 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 6: adoption. This Ordinance shall become effective immediately upon its Temp Ord. No. 2240 January 11, 2012 Page 4 PASSED, FIRST READING this c Sday of 12012. PASSED SECOND READING this f14 dayof 7 2012. PAMELA BUSHNELL, MAYOR ATTEST: RECORD OF COMMISSION VOTE: PETER M. J. PAHARDSON, CRM, CMC 1ST READING CITY CLERK I HEREBY CERTIFY THAT I HAVE APPROVED THIS ORDINANCE AS TO FORM. NS UE .G C Y ATTOR EY MAYOR BUSHNELL DIST 1: COMM. SWEN ON_ G DIST 2: COMM. GOMEZ� DIST 3: V/M GLASSER DIST 4: COMM. DRESSLE RECORD OF COMMISSION VOTE: 2ND READING MAYOR BUSHNELL DIST 1: SOMM. SWENSON—L� DIST 2: COMM. GOMEZ DIST 3: V/M GLASSER DIST 4: COMM. DRESSLER 61i.. 1 Temporary Ordinance No. 2240 Exhibit "A" Legal Description A PART OF TRACT 8, SECTION 7, TOWNSHIP 49 SOUTH, RANGE 41 EAST, ACCORDING TO THE PLAT OF "FLORIDA FRUIT LANDS COMPANY'S SUBDIVISION NO. 2" AS RECORDED IN PLAT BOOK 1, PAGE 102, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE SOUTHWEST CORNER OF SAID TRACT 8, RUN NORTH 89 DEGREES 56 MINUTES 40 SECONDS EAST, ALONG THE SOUTH LINE OF SAID TRACT 8 FOR 15.0 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00 DEGREES 18 MINUTES 43 SECONDS WEST PARALLEL WITH THE WEST LINE OF SAID TRACT 8, FOR 583.73 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 25.0 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE FOR 39.41 FEET THROUGH A CENTRAL ANGLE OF 90 DEGREES 18 MINUTES 43 SECONDS TO THE POINT OF TANGENCY OF SAID CURVE; THENCE EAST, PARALLEL WITH AND 38.0 FEET SOUTH OF THE NORTH LINE OF SAID TRACT 8 FOR 332.91 FEET; THENCE SOUTH 00 DEGREES 18 MINUTES 43 SECONDS EAST PARALLEL WITH THE WEST LINE OF SAID TRACT 8 FOR 608.52 FEET TO THE SOUTH LINE OF SAID TRACT 8; THENCE SOUTH 89 DEGREES 56 MINUTES 40 SECONDS WEST ALONG SAID SOUTH LINE 358.04 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT THEREFROM THAT PORTION CONVEYED TO THE CITY OF TAMARAC BY THE WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 26820, AT PAGE 866, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. ALL OF THE FOREGOING LYING, BEING AND SITUATE IN THE NORTHEAST % OF SECTION 7, TOWNSHIP 49 SOUTH, RANGE 41 EAST, CITY OF TAMARAC, BROWARD COUNTY, FLORIDA. No Text