HomeMy WebLinkAboutCity of Tamarac Ordinance O-2007-004Temp Ord #2113 -- March 6, 2006
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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
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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
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Temp Ord #2113 — March 6, 2006
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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
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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)
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Temp Ord #2113 -- March 6, 2006
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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
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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.
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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)
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MONTEREY
CASE NO. 2-LUA-06 —TEMP ORD #2113
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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.