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HomeMy WebLinkAboutCity of Tamarac Resolution R-2013-054Te m p Reso # 12331 May 22, 2013 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2013- 3-LI A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING A FLEX UNIT PETITION TO ALLOW FOR THE FUTURE CONSTRUCTION OF 20 TOWNHOUSE UNITS ON LAND CURRENTLY DESIGNATED AS COMMERCIAL, IN ACCORDANCE WITH THE CITY OF TAMARAC'S COMPREHENSIVE PLAN; FOR THE PROPERTY LOCATED AT THE SOUTHWEST CORNER OF PINE ISLAND ROAD AND NW 77 STREET (PARCEL A, I.C. PLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 130, PAGE 35 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA); (CASE NO. 1-FLX-13); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Howard Jablon, P.E., designated agent for the property owner, Lago Tamarac, LLC., is requesting approval of a Flex Unit petition to allow for the future development of twenty (20) townhouse dwelling units on land currently designated as "Commercial", for the property located at the southwest corner of Pine Island Road and NW 77 Street; and WHEREAS, the Land Use Element of the City of Tamarac's (hereafter referred to as the "City") Comprehensive Plan allows for residential development of small (less than five (5) acres) parcels of land that is designated as "Commercial" on the City's Land Use Map; and WHEREAS, the City's Comprehensive Plan allows for residential development through the rezoning process and allocation of Flex Units; and Temp Reso # 12331 May 22, 2013 Page 2 WHEREAS, the subject property is currently designated as "Commercial" on the City's Land Use Map; and S WHEREAS, the subject property is currently zoned B-3 (General Business District); WHEREAS, the Commercial land use and zoning designation was the result of a stipulated agreement between the City and Leadership Housing enacted in 1979; and WHEREAS, upon approval of the associated Rezoning and New Development Site Plan petitions, the stipulation agreement will be terminated by agreement by both parties; 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 future development of twenty (20) townhouse dwelling units on land that is currently designated as "Commercial" on the City's Land Use Map for which the legal description is described as Parcel A, I.C. Plat, according to the plat thereof as recorded in Plat Book 130, Page 35 of the public records of Broward County, Florida. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: It Temp Reso # 12331 May 22, 2013 SECTION 1: Page 3 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 future development of twenty (20) townhouse dwelling units on land designated as "Commercial" on the City's Land Use Map for which the legal description is described as Parcel A, I.C. Plat, according to the plat thereof as recorded in Plat Book 130, Page 35 of the public records of Broward County, Florida, 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: adoption. This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this ATTEST: PATRICIA TEUFE� CMC INTERIM CITY CL RK HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM �AMUEL S. GOREN ITY ATTORNEY Temp Reso #12331 May 22, 2013 Page 4 day of BETH TALABISCCS, MAYOR RECORD OF COMMISSION VOTE: MAYOR TALABISCO b.V-� DIST 1: COMM. BUSHNELT- &ZO--a DIST 2: COMM. ATKINS-GR DIST 3: COMM. GLASSER DIST 4: V/M. DRESSLER mfo-2--� dr , 2013.