HomeMy WebLinkAboutCity of Tamarac Ordinance O-1972-031Th i s _c] a s
introduced by c� t .r.% <47
CITY OF TAMARAC, FLORIDA
ORDINANCE NO.
AN ORDINANCE AMENDING THE PLATTING REGULATIONS
ADOPTED BY ORDINANCE NO. 71-22 BY REQUIRING
THAT AS A PREREQUISITE TO PLAT APPROVAL OF
RESIDENTIALLY ZONED PARCELS PROVISION BE MADE
FOR RECREATIONAL SITE ACQUISITION THROUGH DEDI-
CATION OF LAND FOR PARK AND RECREATION PURPOSES;
PROVIDING FOR PAYMENT OF FEES IN LIEU OF LAND
DEDICATION UNDER STATED CONDITIONS; PERMITTING
EXEMPTIONS AND CREDITS WHERE PRIVATE RECREATIONAL
FACILITIES ARE PROVIDED; EXCEPTING PLATS WHERE
PRELIMINARY PLAT FILED PRIOR TO EFFECTIVE DATE;
REPEALING ALL ORDINANCES IN CONFLICT; CONTAINING
A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Tamarac has been developed as a
residential community with central recreational facilities
in the various subdivisions, and
WHEREAS, the original developer has sold -off numerous
parcels of land to other land developers, and
WHEREAS, traditionally, it is an essential element of
sound land planning and development to make provision for
adequate recreational facilities, and
WHEREAS, the unprecedented growth of the community and
the surrounding area require that adequate provision be made
for open spaces and recreational facilities for the new
residents, both to protect the environment and to provide
for the general health, safety and welfare of the inhabitants,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
TAMARAC, FLORIDA:
SECTION 1: That the Platting Regulations adopted by
Ordinance No. 71-22 of the City of Tamarac be amended by
adding thereto the following section:
SECTION 5: PARK AND RECREATION SITE ACQUISITION AND
DEVELOPMENT PROVISIONS:
A. Dedication of Land or PayMent of Fee. No final
subdivision map shall be approved nor shall it be
recorded unless in connection therewith such land
within the subdivision has been dedicated to the
City of Taioarac for park or recreational purposes,
or a fee has been paid in lieu thereof, or some
combination of dedication and payment has occurred,
as may be determined by the Zoning Commissions in
accordance with the standards and in the manner
hereinafter set forth.
B. Land to be Dedicated„ The area of land within
a subdivision required to 5e dedicated for park and
recreation purposes shall be established in accordance
with the following table:
Net Density at Which Land Percentage of Gross
Ma or Will be Develo ed Subdivision Area Required
to be Dedicated for Park
and Recreation Purposes
1 dwelling unit/acre or more .9
1 dwelling unit/.5 acre to
less than 1 acre 1.2
1 dwelling unit/10,000 sq. ft., to
less than .5 acre 2.3
1 dwelling unit/9 000 sq. ft.
to less than 10,060 sq.ft. 3.9
1 dwelling unit/8 000 sq.ft.
to less than 9,006 sq. ft. 4.2
1 dwelling unit/7 000 sq. ft
to less than 8,006 sq. ft. 4.7
1 dwelling unit/6 000 sq. ft.
to less than 7,006 sq. ft. 5.4
1 dwelling unit/4 355 sq. ft.
to less than 6,006 sq. ft. 6.2
10 dwelling unit/acre to
less than 20 dwelling unit/acre 7.8
20 dwelling unit/acre to
less than 30 dwelling unit/acre 12.2
30 dwelling unit/acre to less
than 40 dwelling unit/acre 15.9
40 dwelling unit/acre to less
than 50 dwelling unit/acre 19.2
50 dwelling unit/acre to less
than 60 dwelling unit/acre 22.1
60 dwelling unit/acre to less
than 70 dwelling unit/acre 24.7
70 dwelling unit/acre to less 27.1
than 80 dwelling unit/acre
SA
80 dwelling unit/acre to less 29.2
than 90 dwelling unit/acre
90 dwelling unit/acre to less
than 100 dwelling unit/acre 31.1
100 dwelling unit/acre or over 32.0
C. Application of Table. The Zoning Commission
shall regfu re the subdjvj or to dedicate land in ac-
cordance with the table set forth in Subsection B of
this Section based upon the maximum density permit-
ted within tie zone wherein the land to be subdivided
is located.
EXCEPTION:
Where a subdivider proposes to develop land at less than
the maximum permitted for the zone and has executed and
recorded in the offices of the County Recorder a covenant
running with the land; binding upon all future owners
thereofp that such land shall not be developed in such a
manner as to create a higher density thaw that proposed?
the Zoning Commission shall base the required dedication
upon the proposed density. Any covenant executed in ac-
cordance with this exception shall be approved by the
Zoning commission prior to recordation.
D, Fee to be Paid. in lieu of the dedication of a
portion o or a o the land hereinaboveset forth, the
Zoning Commission may require the payment to the City of a
fee which is equal to the fair market value of the land
otherwise required to be dedicated.
"Fair market value" as used herein shall mean:
1. The proportionate portion of the assessed value
of all the land included within the subdivision which the
area otherwise required to be dedicated bears to the area
of all the land within the subdivision modified to equal
market value in accordance with the current practice of
the county assessor; or
2. If after sufficient showing that the assessed
valuations as modified2 in all probability does not sub-
stantially reflect the current market value within the
subdivision; then the Zoning Commission may approve fair
market value to mean the proportionate portion of the
appraised value of all the land within the subdivision
which the area otherwise required to be dedicated bears
to the area of all the land within the subdivision2 which
appraisal is prepared by a qualified real estate appraisor
who is approved by the City Manager; employed by the sub-
divider at his own expense and which appraisal? after
report and recommendation Ly the City Manager; is accepted
as reasonable by the City Council; or
3. An amount agreed upon by the subdivider and City
Council as reasonably reflecting the fair market value
of that proportion of the subdivisions otherwise required
to be dedicated.
-3-
Any such fee shall be paid to the Department of
Recreation and Parks and shall be deposited and held in
appropriate trust accounts in the Recreation and Park Fund
and may be expended therefrom by the City of Tamarac only
for the acquisition and development of park and recreational
facilities and sites in conformity with the limitations upon
use hereinafter set forth.
E. Use of Land or Fees Acquired Pursuant to this
Section. The land to be dedicated and the fees
required to be paid pursuant to the Section in connection with
a particular subdivision may be used only for the purpose of
providing park or recreational sites and facilities which will
serve such subdivision and the future residents therein. Such
sites and facilities shall comply with the principles and
standards set forth in the recreational element of the City's
Comprehensive Development Plan, and the location of land to be
dedicated shall bear a reasonable relationship to the use of the
proposed park and recreational facilities by the future inhabi-
tants of the subdivision.
The development of park or recreational facilities
with funds acquired pursuant to this section will begin as
follows:
1. Where the city already possesses park or re-
creational lands so located that the facilities thereon
may be reasonably used by the present or future inhabitants
of one or more subdivisions which have paid or will pay fees
in lieu of dedication pursuant to this section, then the de-
velopment of the park or recreational facilities thereon shall
take place at such time as the fees so paid by such subdivisions
are sufficient to accomplish the next phase or project of the
development, unless funds from other sources become available
for the earlier development thereof.
2. Where the city has not yet acquired park or re-
creational lands, so located that the facilities thereon may be
reasonably used by the present or future inhabitants of one or
more subdivisions which have paid or will pay fees in lieu of
dedication pursuant to the section, the fees so paid by such
subdivisions shall first be used to acquire such land as funds be-
come sufficient and thereafter shall be used for the develop-
ment of park or recreational facilities on such land , commencing
at such time as the fees paid by such subdivision are sufficient
to accomplish a phase or project or the development, unless funds
from other sources become available for the earlier development
thereof.
if the development of park or recreational facilities
so located as to serve a particular subdivision has already com-
menced , or if the actual time thereof is known, the subdivider
shall be advised of such fact when the final plat is approved for
recordation.
F. Exemptions and Credits.
1. Where private open space for park and recreational
purposes is provided in a proposed subdivision and such space
is to be privately owned and maintained by the future residents
of the subdivision, such areas shall be credited against the re-
quirement of the dedication for park and recreational purposes or
the payment of fees in lieu thereof, provided the Zoning Commission
finds it is in the public interest to do so, and that the following
standards are met:
-4-
a) That yards, court areas, setbacks and other open
areas required to be maintained by the zoning and building
regulations shall not be included in the computation of
such private open space; and
b) That the private ownership and maintenance of the
open space is adequately provided for by written agreement;
and
c) That the use of the private open space is restricted
park
k and recreational purposes by recorded covenants
which run with the land in favor of the future owners of
the property within the tract and which cannot be defeated
or eliminated without the consent of the City Council; and
d) That the proposed private open space is reasonably
adaptable for use for park and recreational purposes,
taking into consideration such factors as size, shape,
topography, geology, access, and location of the private
open space land; and
e) That facilities proposed for the open space are in
substantial accordance with the recreational provisions
of the City's Comprehensive Development Plan, and are ap-
proved by the City Council.
When the subdivider proposes to provide private open
space for park and recreational purposes within the
proposed subdivision, but does not know the exact location
thereof at the time the Preliminary Plat is submitted,
the zoning Commission may allow credit as if provided in
this subdivision upon the condition that the necessary
covenants be approved and recorded prior to the approval
of the Final P at.
2. Where, prior to filing a Preliminary Plat, land
has been dedicated for park and recreational purposes
pursuant to this Section to serve the future inhabitants
of the proposed subdivision or subdivisions and the
ordinance accepting the land so dedicated contains a
provision that such land shall be credited as herein
provided, the Zoning Commission shall reduce or eliminate
the amount of land required to be dedicated for park and
recreational purposes within the subdivision or subdivisions,
or the fees required to be paid in lieu thereof to the
extent that land has been previously dedicated £or the
benefit of the proposed subdivision or subdivisions under
consideration.
3. No land shall be required to be dedicated, and no
fees shall be required to be paid for any commercially
zoned property if the owner -subdivider thereof executes
and records in the office of the County Recorder a covenant
running with the land binding upon all future owners of
the property that said property shall never be developed
for residential uses unless the required dedication of
land for park and recreational purposes or the payment of
fees in lieu thereof has been made, said covenant to be
approved by the Zoning Commission.
4. The dedication of land or the payment of a fee in
lieu thereof for park and recreational purposes shall not
be required for land which is so zoned that no residential
uses are permitted thereon.
ME
5. In subdivision containing SO lots or less,
only the payment of fees may be required.
F. When Effective. The provisions of this Section
shall not be applicable to any subdivision, the Prelim-
inary Plat of which is filed prior to the effective date
hereof. This Ordinance shall become effective immediately
upon its final passage.
SECTION 2: Should any section or provision of this
Ordinance or any portion hereof, or any paragraph, sentence
or word be declared by a Court of competent jurisdiction to
be invalid, such decision shall not affect the validity of
the remainder hereof as a whole or any part hereof, other
than the part to be declared invalid.
SECTION 3: All Ordinances or parts of Ordinances in
conflict herewith are hereby repealed to the extent of such
conflict.
PASSED FIRST READING this f -!> day of
1972.
PASSED SECOND READING this_(, day of_ FJ6 „� j r
1972.
PASSED THIRD READING this day off
1972.
ATTEST:
CITY CLERK
I HE'RERY CERTIFY that 1 haw
approved the form and
Of thls Ordinance
r
YOR
kE60kL) OF COUNCIL VOTE f `p�Tag x -I
Mayor Seitman AY
Vice: Mayor Lange 6-
Coundunan Johnson ��'�
Councilman Shultz E—
Councilwoman Massaro
r`�[4f I I