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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1974-031CITY OF TAMARAC, FLORIDA ORDINANCE NO. 7 _3 AN ORDINANCE REQUIRING THAT ALL APPLI- CATIONS FOR SUBDIVISION PLAT APPROVAL, SITE PLAN APPROVAL, SPECIAL EXCEPTIONS, VARIANCE, OR REZONING OF RESIDENTIAL DEVELOPMENT CONTAIN AN IMPACT ANALYSIS FROM AN APPROVED AGENCY CONCERNING THE FOLLOWING: WATER AND SEWER: FLOOD CRI- TERIA AND PROTECTION: ADEQUATE DRAINAGE: STREETS, ROADS, AND SIDEWALKS: UTILITIES: DENSITY: SOLID WASTE: POLICE AND FIRE FACILITIES: SCHOOL STUDY: CONTRIBUTIONS TO BE MADE, IF ANY, TOWARD POLICE AND FIRE DEPARTMENTS AND FOR RECREATION; PROVIDING FOR REVIEW OF SUCH APPLICATIONS BY THE CITY COUNCIL UNDER CERTAIN CONDI- TIONS: ESTABLISHING STANDARDS FOR DETER- MINATION OF SUCH APPLICATIONS: REPEALING LAWS IN CONFLICT AND PROVIDING AN EF- FECTIVE DATE. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: Legislative Findings. The City of Tamarac has been experiencing together with the 4 County of Broward, unprecedented and rapid growth with respect to population, housing, and land development. Transportation, water, sewers, schools, and recreation facilities, drainage and other public facilities, and requirements are or may be insufficient to meet the needs of the City's growing population. The City has adopted a com- prehensive master plan to guide its future development and has adopted an official map and program to provide for orderly, adequate, and economical development of the community. SECTION 2: Purpose, The purpose of this ordinance is to assure that the orderly growth of the City is not frustrated by disorganized, unplanned, and uncoordinated development, which would create an undue burden and hardship on the community. The following objectives are es:tab- lished as policy determinations of zoning and platting for the City of Tamarac: A. To carefully phase residential development with efficient provision of public improvement. B. To establish and maintain municipal control over the eventual character of development. C. To establish and maintain a desirable degree of balance among the various uses of land. D. To establish and maintain essential quality of community services and facilities. The City through its master plan, zoning ordinances, subdivision regulations, and other relevant laws and regulations is mandating a program of continuing improvement which is designed to insure adequate availability of public facilities and services so that all land is capable of development in accord with proper planning. The haphazard and uncoordinated development of land without adequate provision for public services and facilities will destroy the continuing implement- ation and successful adoption of the program. Residential develop- ment will be carefully phased so as to insure that all developable land will be accorded a present vested right to develop as such time and services and facilities are available. Residential land which has the necessary available municipal facilities and services will be granted approval. Residential, land which lacks the available faci- lities and services will be granted approval for development at such time as the facilities and services have been made available by the ongoing public improvement program or at such time as the residential developer agrees to furnish such facility and improvement in advance of the scheduled program for improvement of the public sector. SECTION 3: Impact .Analysis. A. All petitions consisting of more than eight (8) dwelling units for special exception, variance, rezoning of residential development, subdivision plat approval, and site plan approval must contain an impact analysis with in- formation obtained from the sources below concerning the following: 1. Water and Sewer. Source: Tamarac Utilities Director. (a) present capacity of either system; (b) design capacity of either system; (c) available numbers of connections to either system; (d) number of connections to either system that will be required by the proposed development; (e) the developer shall detail the phasing or pro- gramming of the development as it relates to anticipated connection to either system. (2) 2. Flood Criteria and Protection. Source: See 1d) below, plus Tamarac City Engineer. (a) identification of those areas which are subject to frequent or periodic inundation, if any; (b) the developer shall demonstrate how both during and after the development what steps will be taken to minimize or eliminate any flooding; (c) all solutions to any flooding problems should be consistent with the City's Master Drainage Plan and so demonstrated. (d) the identification of flood prone areas and pro- posed solutions to flooding shall be endorsed by the County Water Resources Director, and the Central and Southern Florida Flood Control District. 3. Adequate Drainage. Source: Same as 2. (a) the drainage basin(s) in which the proposed development lies, whall be identified. (b) capacity of existing drainage system to handle runoff from the site should be demonstrated or adequate provisions shall be made to upgrade the system due to conditions generated by the proposed development. (c) the developer should submit a conceptual drainage plan showing proposed canals, lakes and detention ponds, if any. (d) the identification and solution of all drainage should be endorsed by the agencies listed in item 2. 4. Streets, Roads, and Sidewalks. Source; Tamarac City Engineer and Appropriate State, County and City Planners and Environmental Agencies. (a) developer to obtain and present with such application information setting forth traffic counts and patterns, schedules of completion, survey of existing progress in construction, distance of the residential development from facilities, type of each facility required, and all other relevant data. (b) the immediate effect on adjacent streets and sidewalks should be demonstrated and what steps will be necessary to correct this. 5. Utilities. Source; Florida Power & Light Company, Southern Bell, and appropriate Gas Company, if any. (a) the capacity of existing utilities (i.e. elec- trical, gas,telephone, etc.) to serve the pro- posed development shall be shown. (b) the steps necessary to upgrade, when required, the existing utilities to serve the development shall be demonstrated. (c) the concurrence of the proper utility company representatives shall endorse the developers proposal. (d) if staging is required in order to reduce any "overload" on any utility system, the developer should demonstrate this. (3) 11 11 6. Police anf Fire. Source: Tamarac Director of Safety and Fire Department Contracts. (a) the developer should identify the effective capability of the police and fire protection facilities. (b) the developer should there identify the additional police and fire prevention facilities which his development may dictate. (c) the developer should demonstrate how any sudden impact on these City facilities will be minimized by staging or programming of the development. (d) the developer should identify any areas within his development designated for public service facilities on the Master Plan and propose the means to dedicate this land to the City or instead propose a "cash, in lieu" contribution. 7. School Study. Source: The School Board of Broward County, Florida. (a) the developer shall confer with the School Board of Broward County, Florida to determine what additional school facilities, if any, will be needed to accomodate the development. (b) the developer shall demonstrate how the additional school facilities will be provided. 8. Contributions to Police and Fire Departments. Source: Tamarac Director of Public Safety and Fire Department Contracts. (a) in conjunation with item 6, the developer may survey the per capita cost of providing police and fire protection and make a contribution based upon the estimated population of the proposed development. (b) the methodology should be clearly explained in any study conducted as part 6f (a) above. 9. Density. Source: Tamarac Comprehensive Master Plan and Tamarac Comprehensive Zoning Ordinance. (a) overall density and density in individual areas or phases of development. 10. Solid Waste. Source: Tamarac Utilities Director or City Plant Director. (a) the developer should identify the additional man- power and equipment needs of these facilities which his development may require for solid waste removal. B. The impact analysis required by this section shall be submitted by the petitioner at the same time that his petition is submitted to the Building Department for processing. The impact analysis required by this section shall be paid for by the peti- tioner. C. The requirements of this section for the submission of an impact analysis shall not apply to those petitioners who are required to submit an application as a Development of Regional Impact in conformance with Florida Statute 380 "The Florida Environmental Land and Water Management Act of 1972". It is the intent of this section that a petitioner must'submit a report in accordance with this section or submit a report in accordance with Florida Statute 380 but not both. (4) SECTION 4: Direct Submission to City Council. A. In order to facilitate the procedure set forth herein, the application may be submitted directly to the City Council, who may place such matter on their agenda after appropriate public notice. The City Council may refer such petition to the planning and zoning commission or to any other appropriate agencies for consideration or recommendation. S. The City Council may deny approval of such petition or postpone the issuance of approval for not more than three (3) years. C. This ordinance is not intended to dispense with any requirements including, but not limited to, approvals, by City or State agencies, certifications by such agencies, or sub- mission of information as provided under existing statutes or ordinances. SECTION 5: Relief. Any residential developer who has applied for such approval from the City Council shall be entitled to make application to adjust the assessed evaluation placed on such land for purposes of real estate taxation to such extent as shall be sufficient compensation for the temporary restriction placed upon the land by reason of the denial of such petition or the postponement of use. SECTION 5: Severability. 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 declared to be invalid. SECTION 7: Repealing Laws in Conflict. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 8: Effective Date. This Ordinance shall become effective immediately upon its final passage. -� _A PASSED FIRST READING THIS PASSED SECOND READING THIS PASSED THIRD READING THIS DAY OF �C:_2 DAY OF 7 DAY OF (5) 1974 1974 M9:1FAI! ATTEST: CITY L I HEREBY CERTIFY that I have approved the form and correctness f� RE O•D • • NCIL VOTE ,- ®®��©� _ . . . 101M. 9 uF,"ll- FROM Mm i , r.mi,