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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2017-012Temp Ord. No. 2365 October 11, 2017 Page 1 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-2017- t`, AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF TAMARAC REFERENCED IN SECTION 24-3 OF CHAPTER 24 OF THE CITY OF TAMARAC CODE OF ORDINANCES TO REFLECT THE REZONING OF CERTAIN REAL ESTATE PROPERTY DESCRIBED AS A PORTION OF LOT 9, OF SECTION 13, TOWNSHIP 49 SOUTH, RANGE 41 EAST, OF FORT LAUDERDALE TRUCK FARMS SUBDIVISION, AS RECORDED IN PLAT BOOK 4, PAGE 31 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA AND A PORTION OF PARCEL "C", THE MAINLANDS OF TAMARAC LAKES, AS RECORDED IN PLAT BOOK 64, PAGE 1, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, MORE LEGALLY DESCRIBED IN EXHIBIT "A", FROM THE CURRENT B-1 (NEIGHBORHOOD BUSINESS DISTRICT) ZONING CLASSIFICATION TO B-3 GENERAL BUSINESS DISTRICT) ZONING CLASSIFICATION, FOR THE SUBJECT PROPERTY LOCATED ON THE SOUTH SIDE OF WEST COMMERCIAL BOULEVARD, IMMEDIATELY WEST OF NORTH STATE ROAD 7, IN ORDER TO PROVIDE CONSISTENCY WITH THE LAND DEVELOPMENT REGULATIONS IN ACCORDANCE WITH THE INTENT OF THE COMPREHENSIVE PLAN OF THE CITY OF TAMARAC; (CASE NO. 2-Z-17); PROVIDING FOR AMENDMENT TO THE OFFICIAL ZONING MAP TO REFLECT SUCH CHANGE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the owner of the subject property, 7-Eleven, Inc., has requested that certain real estate property located on the south side of West Commercial Boulevard, immediately west of North State Road 7, containing 17,371 square feet of land, be rezoned from B-1 (Neighborhood Business District) to B-3 (General Business); and WHEREAS, in accordance with Section 24-366 of Division 162, Chapter 24 of the Code of Ordinances, the purpose of the General Business District (B-3) is to provide space Temp Ord. No. 2365 October 11, 2017 Page 2 on arterial streets and traffic ways where business establishments primarily not of a neighborhood or community service type may properly located to serve large sections of the community and metropolitan area; and WHEREAS, City administration believes the proposed rezoning is consistent with the Comprehensive Plan in that the proposed zoning designation is consistent with the underlying land use designation; and 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 subject property 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, on October 4, 2017, the Planning Board held a duly advertised Public Hearing and unanimously found the rezoning application met the requirements of Article III, Section 24-67 of the Code of Ordinances, and is in harmony with the goals, objectives and policies of the Comprehensive Plan and recommends approval; and WHEREAS, the Director of Community Development recommends approval of this Rezoning; and WHEREAS, the City Commission of the City of Tamarac, Florida, hereby accept the Planning Board's recommendation, and find that the proposed rezoning is consistent with the City of Tamarac Comprehensive Plan and is therefore in the best interest of the City; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: Temp Ord. No. 2365 October 11, 2017 Page 3 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; all exhibits attached hereto are incorporated herein and made a specific part thereof. SECTION 2: That the lands for which the legal description is hereto attached as Exhibit "A", (incorporated herein and made a specific part of this Ordinance) are hereby rezoned from B-1 (Neighborhood Business District) to B-3 (General Business). 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: adoption. This Ordinance shall become effective immediately upon its PASSED, FIRST READING this PASSED, SECOND READING this ATTEST: PATRICIA TEUf EL, CMC CITY CLERK I HEREBY CERTIFY that I have approved this ORDINANCE as to form �vSAM EL S. GOREN CITY ATTORNEY N Temp Ord. No. 2365 October 11, 2017 Page 4 day ofCj�y�' day of nnt)w b - RRY DRESSLER, MAYOR , 2017. , 2017. RECORD OF COMMISSION VOTE: 1st Reading MAYOR DRESSLER Ile- DIST 1: COMM. BOLTON DIST 2: COMM. GOMEZ DIST 3: COMM. FISHMAN >1 DIST 4: VICE MAYOR PLACKO� RECORD OF COMMISSION VOTE: 2nd Reading MAYOR DRESSLER DIST 1: COMM. BOLTON DIST 2: COMM. GOMEZ DIST 3: COMM. FISHMAN DIST 4: VICE MAYOR PLACKO