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