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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2007-004Temp Ord #2113 -- March 6, 2006 Page 1 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-2001-• AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, ADOPTING AN AMENDMENT TO THE CITY OF TAMARAC COMPREHENSIVE LAND USE PLAN IN ACCORDANCE WITH CHAPTER 163, AND SPECIFICALLY SECTION 1613184 FLORIDA STATUTES, CONCERNING A REGULAR - SCALE LAND USE PLAN AMENDMENT PROPOSAL BY GERALD L. KNIGHT, ESQ. OF BILLING, COCHRAN, HEATH, LYLES, MAURO & ANDERSON, P.A., DESIGNATED AGENT FOR THE OWNER, PRESTIGE HOMES OF TAMARAC, INC., TO CHANGE THE DESIGNATION OF THE SUBJECT USE OF LAND, LOCATED EAST OF FLORIDA'S TURNPIKE, WEST OF NW 48T" AVENUE, FROM COMMERCIAL RECREATION TO LOW - MEDIUM (5-10 DU/AC) RESIDENTIAL TO ACCOMMODATE THE FUTURE DEVELOPMENT OF A TOTAL OF TWO - HUNDRED THIRTY-THREE (233) DWELLING UNITS CONSISTING OF FORTY-NINE (49) SINGLE-FAMILY DWELLING UNITS AND ONE - HUNDRED EIGHTY-FOUR (184) RESIDENTIAL TOWNHOUSES AT A PROPOSED DENSITY OF 6.94 DWELLING UNITS PER ACRE (GROSS) (CASE NO. 2-LUA-06); PROVIDING FOR AMENDMENT TO THE LAND USE PLAN 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 Temp Ord #2113 — March 6, 2006 Page 2 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 (SFRPC) and the State Department of Community Affairs (DCA); and 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 1, 2006 as described in Exhibit "A" (attached hereto) and specifically made a part of this Ordinance (The "application"); and has made a recommendation to formally transmit the Amendment with reservations concerning schools and traffic impacts to the State of Florida Department of Community Affairs (DCA) and all other jurisdictional agencies for their review; and WHEREAS, this Amendment will be transmitted to the State of Florida Department of Community Affairs (DCA) and all other agencies having jurisdiction over the Amendment for review and comments, all as provided by law; and WHEREAS, the Director of Community Development recommends the transmittal of the Amendment to the State of Florida Department of Community Affairs (DCA) and all other agencies having jurisdiction over the Amendment for their review; 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 1 Temp Ord #2113 — March 6, 2006 Page 3 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 Land Use Plan in accordance with Chapter 163, and specifically Section 163.3184 Florida Statutes, concerning a Regular -Scale Land Use Plan Amendment proposal by Gerald L. Knight, Esq. of Billing, Cochran, Heath, Lyles, Mauro & Anderson, P.A., Designated Agent for the Owner, Prestige Homes of Tamarac, Inc., to change the designation of the subject use of land, located east of Florida's Turnpike, west of NW 48t' Avenue, from Commercial Recreation to Low -Medium (5-10) du/ac) Residential to accommodate the future development of a total of two -hundred thirty-three (233) dwelling units consisting of forty-nine (49) single-family dwelling units and one -hundred eighty-four (184) residential townhouses at a proposed density of 6.94 dwelling units per acre (gross). 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 Temp Ord #2113 — March 6, 2006 Page 4 upon adoption hereof. SECTION 2: The City Commission has reviewed the application and finds the following: 1. The Amendment 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. SECTION 3: That the Land Use Plan Amendment to the certified Land Use Plan of the City of Tamarac (Case No. 2-LUA-06) 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 -Medium (5-10) du/ac) Residential (33.55 gross acres), is hereby adopted, subject to the conducting of a Second and Final Public Hearing, and which 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 two -hundred thirty-three (233) 1 1 Temp Ord #2113 -- March 6, 2006 Page 5 dwelling units consisting of forty-nine (49) single-family dwelling units and one -hundred eighty-four (184) residential townhouses at a proposed density of 6.94 dwelling units per acre (gross). 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. Temp Ord #2113 — March 6, 2006 Page 6 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 22nd day of March , 2006. PASSED, SECOND READING this K* day of Janvory , 2004 '' �• BETH • • • w ,1 a. • R ATTEST: r ? `RECORD OF COMMISSION VOTE: 1st Reading 'MARION SWENS60, CMC MAYOR FLANSBAUM-TALABISCO Aye CITY CLERK DIST 1: V/M PORTNER Ave DIST 2: COMM. ATKINS-GRAD Axe DIST 3: COMM. SULTANOF Ave DIST 4: COMM. DRESSLER Aye I HEREBY CERTIFY that I have approved this ORDINANCE as to form. ih' AMUEL S. GPTEN CITY ATTORNEY RECORD OF COMMISSION VOTE: 2nd Reading MAYOR FLANSBAUM-TALABISCOA\je DIST 1: V/M PORTNER DIST 2: COMM. ATKINS-GRAD DIST 3: COMM. SULTANOF DIST 4: COMM. DRESSLER A e. com mdev\u:\pats\userdata\wpdata\ord\2113ord 1 1 TEMP ORD #2113 1*IVU11--]kI 1_VA Legal_ Description A Portion of Tract 6, 11, 12, 13, and 14 of "Fort Lauderdale Truck Farms Subdivision" of Section 13, Township 49 South, Range 41 East as recorded in Plat Book 4, Page 31 of the Public Records of Broward County, Florida, being more particularly described as follows: Beginning at the intersection of the Easterly Right -of -Way line of the Sunshine .State Parkway and the South Line of said Section 13, thence S 89 degrees 15'42" E, along said South Line of Section 13, a distance of 429.36 feet to a point; thence N 0 degrees 44'18" E, a distance of 520 feet; thence S 89 degrees 15'42" E, a distance of 85 feet; thence N 29 degrees 15'42" W, a distance of 85 feet; thence N 60 degrees 44'18" E, a distance of 498.61 feet to an intersection with a non radial curve to the right having a radius of 619 feet and whose radius point bears N 70 degrees 41'33" E, from the last described point; thence Northwesterly along the arc of said circular curve to the right, having a radius of 7106.44 feet, an arc distance of 793.49 feet to a point of tangency, thence N 36 degrees 17'30" E, parallel with and 383 feet East of, as measured at right angles to, the East Right -of -Way line of Sunshine State Parkway, a distance of 543.66 feet to a point of curve; thence Northerly along the arc of a circular curve to the right, having a radius of 2097.0 feet, an arc distance of 340.89 feet to a point; thence N 38 degrees 33'14" W, a distance of 415.41 feet, more or less to an intersection with the East Right -of -Way line of the Sunshine State Parkway; thence S 38 degrees 17'30" W, along said East Right -of - Way line a distance of 978.18 feet to a point of curve; thence continuing Southerly along the arc of a circular curve to the left, having a radius of 7489.44 feet, an arc distance of 2980.89 feet to the Point of Beginning. (33.38 Acre Parcel) 1 MONTEREY CASE NO. 2-LUA-06 —TEMP ORD #2113 s r AAA■■■A�■■AA■AAA �■.m■A�1■A�■■;�,■•Aw•■� 'I I,y/ �� Q�1.�■ .A�1'■�� ,RAC ■�■■�.■I�A■M■. .Af............. j ! w - r-„--.' 4 T n A■ 11 N NW 44 St. 40 f+ A CITY COMMISSION March 22, 2006 Regular -Scale Land Use Plan Amendment J. Christopher King Director Dmmunity Development City of Tamarac 7525 N.W. 88" Ave., Tamarac, Florida 33321-2401 Telephone: (954) 597-3530 Facsimile: (954) 597-3540 :0MK)I:?i-f Y DEVr= LOPMEN 0 `TMEtgT DESIGNATION OF AGENT FOR QUASI-JUDICIAL PROCEEDD�'! � � w iP14 4: 5 S DATE: CASE NO.: L — vG 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. Gerald Rni crht v., WILL ATTEND THE QUASI-JUDICIAL (insert name of Agent) HEARING TO BE HELD IN MY ABSENCE. IN ADDITION, HAS MY PERMISSION TO ACT AS MY AGENT IN ALL MATTERS REL TING TO ANY PROCEEDINGS RELATED TO (Address of subject property) THIS FORM MUST BE RETURNED PRIOR TO THE QUASI-JUDICIAL HEARING. SIGNATURE OF OWNER: B (Print Name of Owner) STATE OF FLORIDA: COUNTY OF HP.OWARD: NAME/ADDRESS AND PHONE NO. OF DESIGNATED AGENT: (Print Name of Designated Agent) 888 SE 3rd Av 01 _Ft. Lauderdale, FL;_, 3 6-1159 Phone: 9 5.4 - 7 6 4- 71 5 (Fax: The foregoing instrument was acknowledge before me this / a'� day of Q.nu` , 200�, by �c -ac- , owner of property, who is personally known to me or has produced identification and (type of identification) who did/did not) t ke an oath. Not ry Public State o Florida My Commission Expires: (Type or print name of Notary) OtFAY•P(y Commission #DD338964 a.' Expires: Aug 02, 2008 �" *�': BondedT'nn, Adantic Bonding Co., Inc.