HomeMy WebLinkAboutCity of Tamarac Ordinance O-2007-011Temp Ord #2137 — April 11, 2007
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CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0-2007-[_
AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF TAMARAC, FLORIDA,
AMENDING PRIOR ZONING OF CERTAIN
REAL ESTATE PROPERTY OTHERWISE
KNOWN AS MONTEREY FROM S-1
(RECREATIONAL DISTRICT) TO R-3 (LOW
DENSITY MULTI -FAMILY RESIDENTIAL
DISTRICT), LOCATED EAST OF FLORIDA'S
TURNPIKE, WEST OF NW 48T" AVENUE (CASE
NO. 14-Z-06); 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, Jay Huebner, P.E., HSQ Group Inc., petitioner, has requested that
certain real estate property located east of Florida's Turnpike, west of NW 48"' Avenue
containing 33.38 net acres be rezoned from S-1 (Recreational District) to R-3 (Low
Density Multi -Family Residential District) to allow the future construction of two -hundred
thirty-two (232) dwelling units consisting of forty-eight (48) single family homes and one -
hundred eighty-four (184) residential townhomes; and
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Temp Ord #2137 — April 11, 2007
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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 public hearing has been held on Case No. 14-Z-06 by the City
Commission pursuant to the Charter and Florida State Statutes; and
WHEREAS, the Director of Community Development recommends approval of this
rezoning; and
WHEREAS, on April 4, 2007, the Planning Board held a duly advertised Public
Hearing and recommended approval of the rezoning; 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 otherwise known as Monterey from S-1 (Recreational District)
to R-3 (Low Density Multi -Family Residential District), located east of Florida's Turnpike,
west of NW 48t' Avenue, for which the legal description is attached as Exhibit "A" and
incorporated herein.
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Temp Ord #2137 — April 11, 2007
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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
upon adoption hereof.
SECTION 2: That the lands for which the legal description is attached as
Exhibit "A" and incorporated herein are hereby rezoned from S-1 (Recreational District)
to R-3 (Low Density Multi -Family Residential 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: This Ordinance shall become effective immediately upon its
adoption.
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Temp Ord #2137 — April 11, 2007
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PASSED, FIRST READING this 1 1th day of AV)) , 2007.
PASSED, SECOND READING this 95, day of t4prl , 2007.
ATTEST:
MARION SW NSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
ORDINANCE as to form.
RECORD OF COMMISSION VOTE: 1st Reading
MAYOR FLANSBAUM-TALABISCO A\IP
DIST 1:
COMM. PORTNER
DIST 2:
COMM. ATKINS-GRAD
DIST 3:
V/M SULTANOF _
DIST 4:
COMM. DRESSLER
RECORD OF COMMISSION VOTE: 2nd Reading
MAYOR FLANSBAUM-TALABISCO
DIST 1: COMM. PORTNER
DIST 2: COMM. ATKINS-GRAD
DIST 3: V/M SULTANOF
DIST 4: COMM. DRESSLER
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TEMP ORD 2137
EXHIBIT "A"
Legal Description
A proposal to change the zoning of the land described below:
Monterey
A PORTION OF TRACTS 6, 11, 12, 13, AND 14 OF SECTION 13, TOWNSHIP
49 SOUTH, RANGE 41 EAST, FORT LAUDERDALE TRUCK FARMS
SUBDIVISION, ACCORDING TO THE PLAT THEREOF, 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 SOUTH 89°15'42" EAST ALONG SAID SOUTH LINE
OF SECTION 13, A DISTANCE OF 429.36 FEET; THENCE NORTH 00°44'18"
EAST, A DISTANCE OF 520.00 FEET; THENCE SOUTH 89015'42" EAST, A
DISTANCE OF 85.00 FEET; THENCE NORTH 00044'18" EAST, A DISTANCE
OF 275.88 FEET; THENCE NORTH 60'44'18" EAST, A DISTANCE OF 237.69
FEET; THENCE NORTH 29°15'42" WEST, A DISTANCE OF 85.00 FEET;
THENCE NORTH 60°44'18" EAST, A DISTANCE OF 498.61 FEET TO A POINT
ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE EAST AND TO
SAID POINT A RADIAL LINE BEARS SOUTH 70041'33" WEST; THENCE
NORTHERLY ALONG SAID CIRCULAR CURVE HAVING A RADIUS OF 619.00
FEET, A CENTRAL ANGLE OF 51 °12'09" AND AN ARC LENGTH OF 553.17
FEET TO A POINT OF COMPOUND CURVATURE OF A CIRCULAR CURVE
CONCAVE TO THE SOUTHEAST; THENCE NORTHEASTERLY ALONG SAID
CIRCULAR CURVE HAVING A RADIUS OF 7106.44 FEET, A CENTRAL
ANGLE OF 06°23'51" AND AN ARC LENGTH OF 793.49 FEET; THENCE
NORTH 38017'30" EAST 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 THE POINT
OF CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE SOUTHEAST;
THENCE NORTHEASTERLY ALONG SAID CIRCULAR CURVE HAVING A
RADIUS OF 2,697.00 FEET, A CENTRAL ANGLE OF 07°14'31" AND AN ARC
LENGTH OF 340.89 FEET; THENCE NORTH 38033'14" WEST, A DISTANCE
OF 415.41 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF THE
SUNSHINE STATE PARKWAY; THENCE SOUTH 38017'30" WEST, A
DISTANCE OF 978.18 FEET TO THE POINT OF CURVATURE OF A
CIRCULAR CURVE CONCAVE TO THE SOUTHEAST;
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TEMP ORD 2137
THENCE SOUTHWESTERLY ALONG SAID CIRCULAR CURVE HAVING A
RADIUS OF 7489.44 FEET, A CENTRAL ANGLE OF 22°48'16" AND AN ARC
LENGTH OF 2,980.89 FEET TO THE POINT OF BEGINNING, THE LAST TWO
(2) CALLS BEING COINCIDENT WITH THE EAST RIGHT-OF-WAY LINE OF
SUNSHINE STATE PARKWAY.
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DESIGNATION OF AGENT
FOR QUASI-JUDICIAL PROCEEDINGS,v,,
DATE:
CASE NO.:
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.
JAY HUEBNER P.E, WILL ATTEND THE QUASI-JUDICIAL
(insert name of Agent)
HEARING TO BE HELD IN MY ABSENCE, IN ADDITION, JAY HUEBNER.
P.E. HAS MY PERMISSION TO ACT AS MY AGENT IN ALL MATTERS
RELATING TO ANY PROCEEDINGS RELATED TO ST. MORITZ.
(Address of subject property)
THIS FORM MUST BE RETURNED PRIOR TO THE QUASI-JUDICIAL
HEARING.
SIGNATURE OF OWNER:
Robert Conner
STATE OF FLORIDA:
COUNTY OF BROWARD:
NAME/ADDRESS AND PHONE NO.
OF DESIGNATED AGENT:
Jay Huebner P.E.
14000 Military Trail, Suite 103
Delray Beach, FL 33484
Phone: 561-637-0955 Fax: 561-637-4731
The foregoing instrument was acknowledged before me this 3 i b+ day of
200 , by � a tier_ } gowner of property, who is
personally known to me or has produced identification and
(type of identification)
who (did/did not) take an oath.
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Conunission#DD338964
Expires: All 02, 2008
Nota Public State of Florida :" o?: Bonded
OF F4
„ Atlantic Bonding Co., Inc.
My Commission Expires: (Type or print name of
Notary)