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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2014-007Temp Ord. No. 2274 April 15, 2013 Page 1 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-20140 7 - AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, ADOPTING AN AMENDMENT TO THE CITY OF TAMARAC COMPREHENSIVE PLAN IN ACCORDANCE WITH CHAPTER 163, SPECIFICALLY SECTION 163.3184 OF THE FLORIDA STATE STATUTES, CONCERNING ALARGE-SCALE LAND USE PLAN AMENDMENT APPLICATION PROPOSED BY BRIAN TERRY OF LAND DESIGN SOUTH, DESIGNATED AGENT FOR THE PROPERTY OWNER, WOODMONT COUNTRY CLUB, INC., TO CHANGE THE DESIGNATION OF THE SUBJECT USE OF LAND FROM COMMERCIAL RECREATION TO LOW (0-5 DU/AC) RESIDENTIAL TO ACCOMMODATE THE FUTURE DEVELOPMENT OF A TOTAL OF 152 SINGLE FAMILY DWELLING UNITS AND FROM COMMERCIAL RECREATION TO COMMERCIAL TO ACCOMMODATE THE DEVELOPMENT OF APPROXIMATELY 28,000 SQUARE FEET OF COMMERCIAL DEVELOPMENT ON 4.58 ACRES OF LAND FOR THE PROPERTY LOCATED AT OR AROUND PINE ISLAND ROAD TO THE WEST, SOUTHGATE BOULEVARD TO THE NORTH, UNIVERSITY DRIVE TO THE EAST, AND NW 75T11 STREET TO THE SOUTH (CASE NO. 1- LUA-12); PROVIDING FOR AMENDMENT TO THE LAND USE PLAN TO REFLECT SUCH CHANGE: PROVIDING FOR TRANSMITTAL TO THE STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY FOR REVIEW; 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 the Local Government Comprehensive Planning Act, and in accordance with all of 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 and the State of Florida Department of Economic Opportunity; and WHEREAS, the Director of Community Development recommends the transmittal of this Land Use Plan Amendment to the State of Florida Department of Economic Opportunity and all other agencies having jurisdiction over the Amendment for their review; and Temp Ord. No. 2274 April 15, 2013 Page 2 WHEREAS, the Planning Board of the City of Tamarac has also reviewed this Land Use Plan Amendment to the Land Use Plan of the City of Tamarac on March 6, 2013 as described in Exhibit "A — Petitioner's Submittal" (attached hereto and incorporated herein and made specific part thereof); and has forwarded a favorable recommendation to the City Commission for their review; and WHEREAS, this Amendment will be transmitted to the State of Florida Department of Economic Opportunity for review and all other agencies having jurisdiction over the Amendment for review and comments, all as provided by law; and WHEREAS, the City Commission of the City of Tamarac has conducted public hearings on this Amendment to the City of Tamarac Comprehensive Land Use 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 City of Tamarac Comprehensive Plan in accordance with Chapter 163, specifically Section 163.3184 Florida Statutes, concerning a Large -Scale Land Use Plan Amendment proposed by Brian Terry of Land Design South, Designated Agent for the property owner, Woodmont Country Club, Inc., to change the designation of the subject use of land from Commercial Recreation to Low (0-5 du/ac) Residential to accommodate the future development of a total of 152 single family dwelling units and from Commercial Recreation to Commercial to accommodate the development of approximately 28,000 square feet of commercial development on 4.58 acres of land for the property located at or around Pine Island Road to the west, Southgate Boulevard to the north, University Drive to the east, Temp Ord. No. 2274 April 15, 2013 Page 3 and NW 75t" Street to the south, Tamarac, Florida. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION L 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 of this Ordinance. SECTION 2: following: 1. 2. 3. The City Commission has reviewed the application and finds the The Amendment is consistent with the goals, objectives and policies of the City of Tamarac Comprehensive Plan; The characteristics of the surrounding area and the characteristics included in the proposed development are compatible; 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-12) 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 Recreation to Low (0-5 du/ac) Residential and from Commercial Recreation to Commercial for seven (7) sites within the existing golf course, is Temp Ord. No. 2274 April 15, 2013 Page 4 hereby adopted, subject to the conducting of a Second and Final Public Hearing, and which shall become effective upon the expiration of a thirty -one (31) day appeal period subsequent to the State of Florida Department of Economic Opportunity notifying the City that the plan amendment packet is complete and the recordation of the Development Agreement approved by the City Commission pursuant to Temporary Ordinance #2300, whichever is later .'This Amendment shall be construed as permitting a maximum of one hundred fifty-two (152) single-family units and 28,000 square feet of commercial development on 4.58 acres of land. SECTION 4: That the Director of Community Development is further authorized and directed to make the necessary textual changes to the City's 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 T. This Ordinance shall become effective immediately upon the expiration of a thirty one (31) day appeal period subsequent to the State of Florida Department of Economic Opportunity notifying the City that the plan amendment packet is Temp Ord. No. 2274 April 15, 2013 Page 5 complete if not otherwise challenged and the recordation of the Development Agreement approved by the City Commission pursuant to Temporary Ordinance #2300, whichever is later. PASSED, FIRST READING this 15TH day of APRIL , 2013. PASSED, SECOND READING this ATTEST: PATRICIA TEUFE�J, CMC CITY CLERK � I HEREBY CERTIFY THAT I HAVE APPROVED THIS ORDINANCE AS TO FORM A txm'o" kJ EL S. GOREN CITY ATTORNEY day of )2014. RRY DRESSLER, MAYOR _ RECORD OF COMMISSION VOTE: 1ST READING MAYOR TALABISCO DIST 1: COMM. BUSHNE Lt4x-.,-t? DIST 2: COMM. ATKINS-GRAD DIST 3: COMM. GLASSER'�� DIST 4: V/M DRESSLE RECORD OF COMMISSION VOTE: 2ND READING MAYOR DRESSLER DIST 1: COMM. BUSHN LL 6Y---*v DIST 2: V/M GOMEZ L41;i DIST 3: COMM. GLASSE'fi t4b-0 DIST 4: COMM. PLACKO z4f-'� Temporary Ordinance No. 2274 Woodmont — Land Use Plan Amendment Exhibit A — Petitioner's Submittal On File in the Office of the City Clerk