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HomeMy WebLinkAboutCity of Tamarac Resolution R-2014-098Temp Reso #12542 September 10, 2014 Page 1 CITY OF TAMARAC, FLORIDA N RESOLUTION NO. R-2014- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING A RESERVE UNIT PETITION TO ALLOW FOR THE ALLOCATION OF TWENTY- SIX (26) RESERVE UNITS FROM FLEX ZONE 64 TO INCREASE THE RESIDENTIAL DENSITY PERMITTED ON THE SUBJECT PROPERTIES FROM FORTY-TWO (42) TO SIXTY-EIGHT (68) DWELLING UNITS FOR PROPERTIES LOCATED ON THE NORTH SIDE OF WEST COMMERCIAL BOULEVARD, ON THE EAST AND WEST SIDES OF NW 59 AVENUE, AT 5931 AND 5981 WEST COMMERCIAL, AS FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO, IN ACCORDANCE WITH THE CITY OF TAMARAC COMPREHENSIVE PLAN; (CASE NO. 1-RU-14); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Jonathan Keith, P.E., designated agent for the property owner, Woodlands THJV, LLC, c/o Perry Ventures, LLC, is requesting the allocation of twenty-six (26) reserve units from Flex Zone 64 to increase the residential density permitted on the subject properties from forty-two (42) to sixty-eight (68) dwelling units, for the subject properties located on the north side of West Commercial Boulevard, on the east and west sides of NW 59 Avenue, at 5931 and 5981 West Commercial Boulevard; and WHEREAS, the City's Comprehensive Plan allows for residential development through the rezoning process and allocation of reserve units from a flex zone; and WHEREAS, the applicant has also submitted associated Rezoning and Small Scale Land Use Plan Amendment petitions; and Temp Reso #12542 September 10, 2014 Page 2 WHEREAS, the subject properties have a City of Tamarac Future Land Use designation of "Low Density Residential" and "Recreation," on the City's Land Use Map-, and WHEREAS, the subject property is currently zoned R-1C (Single -Family Residential District); 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 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, the Director of Community Development recommends approval of this petition-, and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac to approve this petition to allow for the allocation of twenty-six (26) reserve units from Flex Zone 64 to increase the residential density permitted on the subject properties from forty-two (42) to sixty-eight (68) dwelling units, for the subject properties located on the north side of West Commercial Boulevard, on the east and west sides of NW 59 Avenue, at 5931 and 5981 West Commercial Boulevard for which the legal description is attached hereto as Exhibit "A" (incorporated herein, and made a specific part thereof). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: Temp Reso #12542 September 10, 2014 Page 3 SECTION 1 : The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution; all exhibits attached hereto are incorporated herein and made a specific part of this Resolution. SECTION 2: That the allocation of twenty-six (26) reserve units from Flex Zone 64 to increase the residential density permitted on the subject properties from forty- two (42) to sixty-eight (68) dwelling units, for the subject properties located on the north side of West Commercial Boulevard, on the east and west sides of NW 59 Avenue, at 5931 and 5981 West Commercial Boulevard for which the legal description is attathed hereto as Exhibit "A", is hereby approved. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or in application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall not become effective until thirty one (31) days after the associated Land Use Plan Amendment adoption . PASSED, ADOPTED AND APPROVED this ATTEST.- PATRICIA T UFE�'I CMC C'TY CLERIC I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM IT SAMUEL S. GOREN CITY ATTORNEY Temp Reso #12542 September 10, 2014 Page 4 day of slt, 2014. ARRY DRESSLER, MAYOR RECORD OF COMMISSION VOTE: MAYOR DRESSLER t� DIST 1: COMM. BUSHNELL DIST 2: VICE MAYOR GOMEZ DIST 3: COMM. GLASSER DIST 4: COMM. PLACKO TR# 12542 Exhibit "A" Property Legal Descriptions for Chelsea Place Property East of NW 59 Avenue (Parcel B- Proposed Chelsea Place Plat) - 5931 W Commercial Boulevard A portion of Tract 14, of Fort Lauderdale Truck Farms of Section 11, 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: Commencing at the southwest corner of said Section 11; thence south 89002,05" east, along the south line of said Section 11, a distance of 1321.70 feet; thence north 00006'02" west, a distance of 60.01 feet to the point of beginning of this description; thence continue north 00006'02" west, a distance of 395.07 feet; thence south 89002'05" east, a distance of 410.00 feet; thence south 00006'02" east, a distance of 395.07 feet; thence north 89002'05" west, parallel with and 60.00 feet north of, as measured at right angles to, the south line of Section'l 1, a distance of 410.00 feet to the point of beginning. Property West of NW 59 Avenue (Parcel A- Proposed Chelsea Place Plat) - 5981 W Commercial Boulevard A portion of Tract 14, of Fort Lauderdale Truck Farms of Section 11, Township 49 south, Range 41 east, as recorded in Plat Book 4, Page 310 of the public records of Broward County, Florida, being more particularly described as follows: Commencing at the southwest corner of said Section 11; thence south 89002'05" east, along the south line of said Section 11, a distance of 1831.72 feet; thence north 00006'02" west, a distance of 72.01 feet to the point of beginning of this description; thence continuing north 00006'02" west, a distance of 383.07 feet; thence south 89002,05" east, a distance of 414.91 feet; thence south 00'06'02" east, a distance of 383.07 feet; thence north 89002'05" west, parallel with and 72.00 feet north of, as measured at right angles to, the south line of Section 11, a distance of 414.91 feet to the point of beginning. No Text