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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1982-0553 1 2 3 7 a 9 10 11 12 13 14 15� 15, 7 3 19 20 -.1 22 23 24 _25 25 27 28 31 32 34 Sponsored by Councilor n Disraeli Introduced by Temp. #967 Rev. 10/21/82 (1st reading) 11/10/82 (2nd reading) 11/9/82 Revision CITY OF TAMARA( 11/24/82 Revised( ORDINANCE N0.Q AN ORDINANCE OF THE CITY OF TAMMAC AMENDING CHAPTER 14 OF THE CITY CODE BY ADDING A NEW ARTICLE XIII WHICH SAID ARTICLE SHALL PROVIDE FOR THE REGULATION A�1DFLICENSING OF AMUSEMENT CENTERS AND THE OP'RATION OF COIN OPERATED AMUSEMENT DEVICES; PROVIDING FOR SUSPENSION AND REVOCATION OF LICENSE; PROVIDING FOR SEIZURE OF UNLAWFUL DEVICES; PROVIDING FOR CODIFICATION; PROVIDING REPEALER; PROVIDING FOR SEVERABILITY OF INVALID PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council desires to exercise its lawful police power for the benefit of the general welfare of the residents and visitors of the City of Tamarac. TAMARAC, FLORIDA: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SECTION 1: Chapter 14 of the Code of the City of -Tamarac is amended by adding a new Article XIII which shall read as follows: ARTICLE XIII AMUSEMENT CENTER BUSINESSES I SECTION: 14-102: DEFINITIONS & LIMITATIONS A. The term "amusement game" shall mean any coin -operated game or device designed and manufactured only for bona fide amusement purposes which game or device is played by the application of skill. Amusement games shall also mean any machine which, upon the insertion of a coin or token, may be operated by the public generally for use as a game. entertainment or amusement, whether or not registering a score. It shall include such devices as electronic games, pinball machines, and all games, operations or transactions under whatever name they may be indicated. The term does not include vending machines, in which are not incorporated game or amusement features, nor does the term include any coin - operated musical devices or rides. B. "Aawsement Centers" shad. be defined as follows: 1. "Primary use amusement center" shall mean an establishment the primary use of which is to offer amusement games to the general public for profit. A primary use amusement center shall operate no less than 25 nor more than 50 amusement games. 35 1 2 3 1 7 8 9 20 11 12 13 14 18 19 .a 21 22 23 24 - 25 26 27 ?A 2. "Accessorl use amusement center" shall mean an establishment) the primary business of which is to offer goods or services other than amusement games and which offer amusement igames to the general public for profit. An accessory use amusement center shall operate no less than 4-or more than 50 amusement games. 3. "Incidenta•i use amusement center" shall mean -an establish-_ ment the primary business of which is to offer goods or services other than amusement games and which offers amusement games -to the general public for profit. Any establishm6�t containing one, two-dr three amusement games shall be deemed an incidental use amusement center., SECTION 14-103: GAMBLING DEVICES NOT TERMITTED. Nothing in this ordinance shall in any way be construed to authorize license or permit any gambling or gambling devices not permitted by State Law. SECTION 14-104: LICENSE REQUIRED FOR ALL AMUSEMENT -CENTERS, No person, firm, corporation or association shall display for public patronage or keep for operation any amusement center or amusement game without first having obtained a proper license from the City of Tamarac. A. License Application Requirements for Primar-Usa'ot Acmessn Use Amusement Center. - - - -- Application for a license to operate a primary or accessory use amusement center shall be made on forms provided by the City Clerk, which application shall be filed by the applicant with the'City Clerk and shall contain the following information: 1. Address and name of the owner, lessor or other person in a 31 32 control of the establishment or establishments wherein said amusement device or devices are proposed to be located, hereinafter called applicant; 2. Business address of applicant; 3. Residence address of applicant; 4, Date and Place of birth of applicant (no license shall be issued to any individual under the age of 18); i i 33 34, 35 5. Citizenship of the applicant; 6. if the applicant has been convicted of any felony or misdemeanor, a statement concerning same, giving the time and place of s-1ch convictions; -2- t A statement that the device or devices for which the license i y is soughtAs not intended to be, and will not be permitted 3 to be used for any gambling purpose whatsoever; 8. A description of the amusement device or devices and the manne. in which they are to be placed c.nd operated; _ ' 6 9. A statement of the total number of such devices currently on the premises, if any, or proposed on the premises, .and a description of each. 10. A s' *ynent of the applicant's interest in or title to the 10 aev,sce or, devices for which a license is sought. If the applicant is a corporation, the name of the corporation 12 shall be set forth exactly as shown in the articles of 13 incorporation, or charter, together with State and date of 14 incorporation and names and residence address of each of its is current officers and directors, and of each stockholder hold- 16 ing more than five percent (5%) of the stock of the corpora- tion. The applicant shall provide proof that it is licensed and active in the State of Florida, by providing a docu- 19 I mentation,obtained by the applicant from the Florida 20 Secretary of State within two (2) months prior to the appli- ' 21 cation date. 22 If the applicant is a partnership, the application shall Z3 set forth the names and residence addresses of each of the { 24 partners, including limited partners. p5 If the applicant is a limited partnership, it shall furnish a copy of its certificate of limited partnership as filed with the Court Clerk. If one or more of the partners is a corporation, the provisions of this subsection pertaining to 29 corporation applicants shall apply. The applicant corporatia r or partnership shall designate one of its officers or general 31 partners to act as its responsible managing official. Said 32 person shall complete and sign all application forms 33 required of an individual applicant under this section. 34 35 -3- I B. license Application Requirements_ for Incidental Use Amusement Center. 2 An application for an incidental use amusement center license 3 shall only require the inclusion of provisions A 1, 2, 3, and 9. 4 SECTION 14-105: MANAGEMENT PLAN REQUIREMENT FOR PRIMARY USE AND ACCESSORY USE 5 AMUSEMENT'CENTER. 6 A. In addition to the requirements contained in Section 14-104.A. to 7 the above, the application for a primary or accessory use amusement center license 8 shall include a management plan which•.at a minimum shall set forth a plan designed to: lO I 1. Avoid nuisances and maintain the quiet enjoyment of.the .. 11 property in the immediate area. 12 2. Prevent loitering, as defined in the City Code. 13 3. Provide for the availability of bathroom facilities, as 14 provided for in the South Florida Building Code. 15 4. Provide for safe traffic conditions, as set forth in the 16 City Code regarding parking. 7 5. Prohibit persons over six (6) years and under sixteen (16) �8 years of age from using amusement games during school hours, 19 and provide for the enforcement thereof. 20 6. Provide a statement committing the applicant to require 21 children under the age of 16 years to be accompanied by a 22 parent or other adult while in the amusement center. 23 24 7. Specify the minimum number of employees to be on duty at any 25 time, insuring the presence of at least one (1) person twenty- 26 one (21) years of age or older during hours of operation. 27 8. Specify the maximum number of persons permitted on the premis- 28 es, which number shall not exceed th,,e limits established by 29 the Fire Marshall. 9. Designate a specific area for the amusement games and specify the net square footage of floor area where amusement games 32 will be located. 33 34 35 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ?9 31 32 33 34 35 B. MANAGEMENT PLAN REQUIREMENTS FOR INCIDENTAL USE AMUSEMENT CENTER. Management plan requirements for incidental use amusement centers shall provide that information set forth in this section at A., 5, 6, 7, 8, and 9 to the City Council. SECTION 14-106: ADD.ITIOML REO FOR -PRIMARY :USE_AM..-AC1CFF!S0RY USE AMUSEMENT - A11--pr:L—_rary and accessary ar=errnt centers s'mll-require licensing approved by the City Council. b. An amusement center located in a multiple tenant shopping complex shall not operate closer than two hundred fifty (250) feet from residentially zoned property. Measurement shall be from the exterior walls of the amusement center nearest the residentially zoned property in a straight line to the nearest boundary line of the residentially zoned property. c. Amusement centers may be located in freestanding, single -tenant buildings, provided that no part of the property shall be closer than two hundred fifty (250) feet from the residential property. d. No amusement center shall be located closer than fifteen hundred (1,500) feet from any public or private primary or secondary school, or playground. Measurement shall be from the exterior walls of the amusement center nearest the school or playground in a straight line to the nearest boundary line of that school or playground. e. An amusement center shall not be permitted in a shopping center of less than six (6) acres of gross land area. f. An amusement center shall not be located in an enclosed shopping center having a total commercial indoor area of less than fifty thousand (50,000) square feet. g. There shall be no more than one primary or accessory amusement center in each shopping center within the City. h. The net designated area provided for an-usement-garries in primary or accessory anisemen.t centers shall be not less than. forty. -four. 144) square_. feet for- each mmiachine. i. The operation of amusement devices in primary or accessory amusement centers shall not be conducted before 10:00 A.M. nor later than 11:00 P.M. except Friday and Saturday nights when they shall be permitted two additional hours until 1:00 A.M. of the following morning. -5- 1 2 3 7 8 9 10 11 12 13 14 15 16 -8 19 20 ?I 23 24 26 26 28 30 1 32 33 34 35 36 If an amusement center has a liquor license for consumption of alcoholic beverages on its premises, issued by the State of Florida, then the lawful hours of operation of the amusement games shall be expanded to coincide with the hours that are established by law, regulation or ordinance, for the consumption of alcoholic beverages on the ,)remises. J. There shall be a minimum of six (6) bicycle rRck spaces. k. After 8:00 P.M. at a primary amusement center or at an accessory amusement center with more than 20 games that is open for business, a certified uniformed police officer will be employed to provide security, and will remain on duty at the amusen=t center until one hour after closing. SECTION 14-107: INVESTIGATION AND RECOMMENDATION BY CHIEF OF POLICE. Prior to the consideration by the City Planning Commission or Council of any application for the operation of a primary or accessory amusement center, the license application shall be referred by the City Clerk to the Chief of Police, or his designee, for the purpose of investigation. The Chief of Police, or his designee, shall be allowed ten (10) days to investigate and make a report regarding the accuracy of said licensing application. The report shall be in writing for consideration by the City Council. SECTION 14-108: LICENSING HEARING. a. No amusement center (primary or accessory) license shall be issued until a public hearing has been held by the City Council and the application is approved by the City Council. In addition, any amusement center that is required (by Chapter 28 of the City Code) to obtain a special exception from the City Plan- ning Commission shall have had a hearing before the Planning Commission prior to the licensing hearing takes place before the City Council. The zoning considera- tion of a special exception and the licensing consideration may be heard and con- sidered simultaneously by the City Council. b. Fee for processing applications; reasonable fee to cover cost of publication. All applications for approval of primary use or accessory use Arnisement Centers, shall be accompanied by a fee in an amount determined by Reso- lution of the City Council to cover all costs in processing such applications. In addition, the applicant shall be responsible for the reasonable costs of publica- tion in connection with said application for such license. This fee shall not be required of Amusement Centers required to obtain a Special Exception. The fee -6- 1 to be established shall not be less than $250. SECTION 14-109: TRANSFER OF LICENSE. 3 4 9 10 11 12 23 14 25 16 20 21 22 23 24 25 Zc 27 28 29 i 33 34 1r, 36 A license granted under the provisions of this Ordinance shall not be transferable from person to person nor place to place and shall be valid only at the place and by the persons designated on the license. 0VrwrTl1TT 1 L 1 1 A. f lAATr%=TnT,70 ATTTI nnOmn"rf mrT ILI All licenses granted under the provisions of this Ordinance shall be subject to such conditions and restrictions as the City Council deems it proper to impose, including but not limited to Sections 14-32 through 14-35. SECTION 14-111: SUSPENSION AND REVOCATION. In addition to the reasons for suspension and revocation of occupational licenses as described in 14-27 (a) and (b) of the City Code, a license issued under the provisions of this Ordinance to an amusement center may be suspended or revoked for violation of any provision of the management plan filed with the City Clerk of any condition imposed by the City Council. SECTION 14-112: SEIZURE OF UNLAWFUL DEVICES. In the event that any person, firm, partnership or corporation shall conduct, carry on or manage any amusement center (primary, accessory or incidental or shall operate any amusement game unlawfully without obtaining a license therefo or shall fail to pay the license fee therefore, as provided in Chapter 14 of the City Code, the Chief of Police shall seize such device or devices and hold same as security for the payment of the license fee until the license is obtained or remitted. In the event the person owning or having control of the possession of such device shall fail, within a period of thirty (30) days to apply for a license or pay any license fee due, then and in that event the device shall be disposed of as follows: The device or devices shall be sold to satisfy the amount of license fee or any other costs due the City and any device or devices not sold shall be returned to the owner. In the event the device or devices are sold for a sun less than the amount of the license fee for which the operator of the device is liable, said operator shall remain liable for the balance of such license fee due and unpaid. In addition to the license fee due to the City, all costs incurred by the City in enforcing this provision shall be due to the City, dA 1 r 8 9 10 11 12 13 14 15 16 �7 20 21 22 23 74 27 28 29 i i 32 33 34' 1r, 36 said expenses shall be paid from the proceeds of the sale of these devices or shall be paid by the owner of said devices before the release of the devices. SECTION 2: CODIFICATION Specific authority is hereby granted to codify this ordinance. SECTION 3: REPEALER All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. LION 4: SEVERABILITY OF INVALID PROVISIONS. Should any 'section or provision of this Ordinance or any portion thereof, 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 5: EFFECTIVE DATE. This Ordinance shall become effective immediately upon its final passage. PASSED FIRST READING this —a 7y of 1982. PASSED SECOND READING this�y of '.�. 1982. I HEREBY CERTIFY that I have approved the form and correctness of this ORDINANCE. MAYOR, DISTRICT DISTRICT DISTRICT DISTRICT RECORD OF COUNCIL VOTE Purpose: AMENDMENT #1 Adopted Ordinance # To provide minor clarification in the in order to bring the Tamarac Land Use the Broward County Planning Council's Revision: "Reserve Unit Regulations" Element in conformance with adopted reserve unit policy. The chapter titled "Implementation Procedures" of the text in Tamarac's Future Land Use Element is proposed to be amended by adding the -following underlined language and deleting the language in Section 2, Subsection 2.05, Guideline of "Application of Reserved Units" Sub -Paragraph a. on Page 38 as follows: 2.05 Guideline - Upon determining that a sufficient number of dwelling units are held in reserve within a flexi-bili-11 zone, the City may grant an allocation of the units within the same flexibility zone, provided that: a. The number of reserve units allocated to a Rart4eu4ae parcel desi nated for residential use by the City Land Use Plan ma shall not exceed 20% of the fetal maximum number of dwelling units perm4tted indicated by-th4s-kasd-dse-Rlap for the parcel by the City Land Use Plan map or, for parcels of record prior to November 22, 1977,one additional dwelling unit per acre, whichever is greater. W41 I_� I 5811 NORTHWEST 88TH AVENUE 0 TAMARAC, FLORIDA 33321 TELEPHONE (305) 722-5900 Proposed Amendments to: FUTURE LAND USE ELEMENT ........ Adopted JULY 23, 1982 Recertified by Broward County Planning Council November 22 1982 Prepared by Richard S. Rubin, A.I.A. Consultant City Planner For: Department of Community Development -Planning Commission -City Council June 16, 1982 June 23, 1982 August 26, 1982 November 22, 1982 E AMENDMENT #2 Adopted Ordinance # Purpose: To clarify what types of parcels may be exempt from Tamarac's platting requirements by incorporating the interpretations of of Section 5.02 (Broward County Land Use Plan) as adopted by_ the Planning Council on June 28, 1979 and by the Board of County Commissioners in Ordinance #81-107 effective November 25, 1981. Revision: The chapter titled "Implementation Procedures" of the text in Tamarac's Future Land Use Element is proposed to be amended by adding the -following underlined language and deleting the striekep language in Section 1.04 located on Page 36: 1.04 Ater-November-22;-1948, The City shall not grant an application for a building permit for the construction of a principal building on a parcel of land unless a plat including the parcel or parcels of land has been approved by the County Commission and recorded in the official records of Broward County subsequent to June 4, 1953. However, such platting requirement shall not apply to any-p4atted-res4deRt4a} applications for a building permit for the construction of a building or structure on an nily lotor arcs or on any mu i- am7 y or non-residential lo or parts w ic is less than Tive k5T acres in size and cifi all delineated on a lat recorded on r before June 4.. 1953, provided that the building permit will be in compliance with the applicable land development regulations and that any land within the parcel which is necessary to comply with the Trafficways Plan of the Planning Council has been conveyed to public by deed or grant of easement. -3- i Purpose: To provide greater Industrial Land Use of industrial area presently allowed b Revision: AMENDMENT #3 Adopted: Ordinance # flexibility of commercial uses permitted in the classification provided the maximum reduction does not exceed 20% of each flexibility zone as y the Broward County Land Use Plan, page 106. A. In the chapter titled "Future Land Use Plan" of the text of Tamarac's Future Land Use Element, Permitted Uses in Industrial Areas, is proposed to be amended by adding the following underlined language on page 23 after Sub -section 7: Commercial and retail business uses other than major employment centers-, or hotel, motel and other tourist accommodations, provided a. the total area of these uses does not exceed 20% of the area designated for industrial use in each exi i ,ty zone of the County Land Use Plan map; b. the location of these uses does nat reclude or adversely affect the future uses of the surrounding_a_rea_fo_r industry; and, c. the applicant submits adequate justification for the pro- posedrezoning act nd receives approval for the requested_ commercial zoning district. B. In the chapter titled "Implementation Section", Section 3.02(c) of the text of Tamarac's Future Land Use Element, Zoning as to Permitted Uses and Densities, for parcels designated as Industrial on the Land Use Plan map is proposed to be amended by adding new Sub -section 8 on page 42: 8. Commercial and retail business uses other than major employment centers, or hotel, motel and other tourist accommodations, provided a. the total area of these uses does not exceed 20% of the area designated for industrial use in each flexibility zone on the County Land Use Plan map; b. the location of these uses does not 2reclude or adversely affectthe future uses of the surrounding area for industry_� and, c. the applicant submits_ adequate justification for the proposed rezoning and receives approva1 for the re uested commercial zoning district. -4- EXHIBIT A AMENDMENT #4 November 10, 1982 Revised Ll� 1 Adopted: Ordinance # Purpose: To adopt language similar to the Broward County Ordinance #81-106 in order to allow certain impermanent uses in right-of-way of proposed expressways and to provide underlying residential density to proposed expressways land areas provided the total units do not exceed the maximum units permitted in each flexibility zone included in Tamarac's Land Use Plan. Revision: A- A new subsection of certain permitted land uses pertaining to and under the heading Permitted Uses in Trafficways/Expresswa s shall be added to the chapter titled "Future Land Use Plan" of the text in Tamarac's Future Land Use Element and shall be inserted at page 25 after the subsection related to "Permitted Uses in Areas Designated for Utilities" and prior to the subsection related to "Future Land Use by Study Area" by adding the following underlined language: Permitted Uses in Trans oration Areas. Major existing and future corridors in the City's highway network are indicated on the map by white and gray lines. The functional importance and r-isht-of-way width of the highway corridors are indicated by the width and style of the lines. All of these areas will serve as elements of the City's transportation system. Certain uses of an impermanent nature including but not limited to agriculture, nurseries, grazing, nonre uired arkin , open stora e and parks are permitted in proposed expressways. Such provisions are intended to allow owners of property within proposed ex resswa s to have some limited uses that do not interfere with the ublic's long term goal of acquiring the rights -of -way for expressway ur oses. No principal building may be ermitted nor may any land use which substantially impedes the future construction of a highway be allowed. However, the land uses permitted for the area of the proposed Sawgrass Parkway within the Leadership Development are those allowed by the land use plan map and the Leadership court actions. The County Land Use Plan allows for assignment of densit unless the corridor is bordered on both sides by nonresidential uses. This provision does not pertain to the portion of the expressway corridor within the Leadership Development.) The City would consider initiating a local land use plan amendment to allow the transfer of units if a developer were willing to dedicate the area desi nated for ex resswa ur oses. However, when a developer wishes to transfer units to an adjacent flexibilit zone, due to the fact that the other conditions are not possible and there are no excess dwelling units in the adjacenf flexibility zone, e i y wou cons er ins is in9 -5- El the appropriate County Land Use Plan amendment to effect the transfer. If the County Commission makes a final determination that the propcvsed Sawgrass Parkway is infeasible to construct that the land uses permitted within the ex resswa corridor can be those Permitted in adjacent land uses, as determined by the City of Tamarac throu h the recertification process and approved by the Broward County Planning Council. B- In the chapter titled "Implementation Section", Section 3.02 of the text of Tamarac's Future Land Use Element, Zoning as to Permitted Uses and Densities, for parcels designated as Trafficways/Expressways on the Land Use Plan map is proposed to be amended by adding new Sub- section G on page 42: Each arcel of land within an area which is designated as a Trafficwa /Ex resswa by the ty Land Use Map must be zoned in a zoninq district which Permits the type of transportation use desi nated. No land use or permanent structure which substantially alters the character of the land may be permitted within an ortion of a proposed expressway or major interchan e. -6- AMENDMENT #5 Adopted: Ordinance Purpose: Page 1. To amend Future Land Use Plan map. 24 2. To amend sub -total future land uses, units 26-30 & tables in certain study areas. 3. To amend summary of land uses in acres. 31 4. To amend Tamarac's total -dwelling units by 32 study area. 5. To amend Tamarac's total population projection. 34 To amend Tamarac's total Parks b Recreation facilities. 35 in order to revise the land use on the following parcels of land: . No. Flex. Zone Parcel Name Acres Exist. Desi Proposed Comments 1 64 Sabal Palm 15.244 Medium, 10-15 DU/AC Medium -High Court Order Condominium 6 15-21 DU/AC Stipulation Golf Course (4.0) -314 D.U. 146 extra units 2 64 Lakes of 1.358 Recreation/Open Commercial Land Use appl. Carriage Hills/ Space submitted by Rock Island Road developer Parcel 3 42 X4"ftfJ-1 El" X119 X1001. NOT APPROVED SlAhmitted4y level oper 4 42 Sienema/Trachsel 2.8 Comm'1 Blvd. site adj. to Turnpike 5 42 D.O.T. property 6.5 between Lakes I b II 6 60 Shell Oil/ 20.0 Vanguard Village Low -Medium 5-10 DU/AC = 28 D.U. max. Low Density/0-5, DU/AC = 32 D.U. maximum Low Density, 0-5 DU/AC = 100 D.U. maximum Commercial Application initiated by Staff to clarify proper zoning district. Recreation/ Acquisition of Open Space property by City is pending. Low -Medium. Application for 5-10 DU/AC 100 reserve = 200 D.U. units approved by Ord. #82-21 & #82-22 effective upon re-cer=ification by Broward Cty. Planning Council -7- ■\ No. Flex. Zone Parcel Name Acres Exist. Desi Proposed Comments 7 61 F & R/Commercial 2.04 Med. Density Commercial Court Order 10-15DU/AC Stip. #12 & 13 reduces density 8. 61 F & R/Theatre 2.038 Commercial Recreation by 140 DU. 9. 61 F & R/Community 13.734 Med. Density Recreation Center 10-15DU/AC 10. 42 Eric Traub 14.00 Med. Density Commercial Conforms to 10-15 DU/AC 20% Flexibility = 210 DU max. Rules. 11. 62 Caporella Island 1.00 Recreation Low Med Total max. unit Density w/ will not exceec no res. units 453 D.U. or 9A DU/AC. 7-A Revision: 1. The "Future Land Use" Plan map, page 24 of the City of Tamarac's Future Land Use Element is proposed to be amended to revise ten (1Q) parcels, land designations as noted by the numbers #1411 included on the revised map as included in page 9 of the proposed land use amendments. 2. The chapter titled "Future Land Use Plan" of the text in Tamarac's Future Land Use Element 1 s proposed to be amended by revising the following tables and summaries included on the noted pages for the following parcels as shown on the attached tables: A. STUDY AREA PAGE PARCEL NUMBER PARCEL NAME 42 26 4 Bienna/Trachel a5q DOT Lakes I & II property I0 r fX 4 � :P4a 64 27 1 Sabal Palm Condo 2 Lakes of Carriage Hills/Rock Island Road property 60 28 6 Shell Oil/Vanguard Village B. Summary of Land Uses in acres - page 31 C. Tamarac total dwelling units by study area - page 32 3. The chapter titled "Future Land Use Plan" of the text in Tamarac's Future Land Use Element is proposed to be amended by revising the "Population Projection" and "Parks and Recreation Facilities" by adding the following underlined language of the City's Land Use Plan Element as shown on Page #15 of this Amendment document. 61 30 7 F & R 61 30 8 F & R 61 30 9 F & R 62 29 11 Caporella Island Ir -211 000�� 1 1 6 ob _ ... .r ..... ... N W W d V J � J Z E E to - CL te a to F" O pl 3 o o�� W 'u y LLI _ n :i AWC I OI W z ~ C a cam D v 3 a a 319 Lf1 t O N a p O 1 w+ ' Y'Z1tY a , ' Ir s 3 ' I" rA O NN e eti 1+ O x u+a; u a _ 41 M w 101 try R Study .42 The following are the acreage for the future land uses within Study Area 42. F L� Land Use Category Existing (in Acres) Future (in Acres) Residential 346.88 383.88 Low Low -Medium p 333.26 5.18 3 Medium 2.17 2.5 2Z Medium -High 21.45 • Commercial 71.23 134.60 60 RecreationlOpen Space 212.83 12 1.52 Public/private 53.81 62.50 69.02 Golf Course 59.02 Industrial 8.07 12.61 Utilities 0 0 Community Facilities 4.67 4.67 Major Road R.O.W. 40.58 40.58 Total 597.85 Study Area 42 is currently 84% developed. Most of the future develoament will occur in small parcels within larger developed areas. Residential land has the potential, under the City plan, to increase from 347 acres currently to 383 acres, mostly in medium density, multi -family develop- ment. The plan provides for an increase in commercial land from 71 acres to 134.60 acres. The number of dwelling units permitted in Study Area 42 by the City land use plan map is 2843*units. The 6roward County Land Use plan. allows 3249 units in this stu�y�ato applyhere toeparcelsioftland w;thin162 erve Studynits Areathat 42. PAY be used by the city pP Y * RESIDENTIAL CALCULATIONS 1 originally adopted units = 3113 2 Less #4 = 28DU Less #5 = 32DU Less #10=210DU Sub -total = t7) 3) New total units - 2843 AMENDMENT f5 -10- tud Area The following are the aerialei for the ivure land uses rithia study Area 64. • rid t or � �istinp ivture in Acres (in Acres) !ti idential , S . 626.09 47-23 toemrrtSal 20.11 19.82 Oetreationlopen Space "7.l1 -5 . ►ublic/Private Ze.l7 448.74 44 iolf Coarse 3wastrial O a.. utilities 20.12 10.22 comnity Facilities SM 1.d8 Major Road LOX 35.77 lR.til 2358.23 Study Area 64 is currently 93% developed. with only 74 acres of Vatent land. Future developr+ent Kill largely be residential of a wrdium dtnsit multi. family Character. Only eight additional acres of tcaftrcial dev*ID m tt is provided on the City Land Use Plan lisp. TAe number of dwelling snits permitted in study Area 64 by the City lard Use Plan Map is 4420*snits. The County tend Use Plan permits a total of SM units. There are at this time gesture units that ay be used by t City to apply to parcels within study Area 64. however. = snore than tY of the total dwelling units permitted under the County Plan can be designated its reserve units. limiting the actual ember of reserve units to 263. * RESIDENTIAL CALCULATIONS 1) Originally adopted units = 4274 _ 2 Add #1 = 146 3) New total units = 4420 WENDt;ENT #5 -11- . i 1 I\ Study Area 60 The following are the acreages for'the future land pses within Study Area 60. Land Use Category Existing future (in Acres) (in Acres Residential Low Low -Medium Medium Medium -High Commercial Recreation/Open Space Public/Private Golf Course Industrial Utilities Community Facilities Major Road R.O.W. 771.58 386.32 368.86 16.40 0 68.11 47.55 47.55 0 0 4.75 5.53 0 893.24 393.79 4_50.74 48.71 0 284.50 70.15 70.15 0 0 0 25.75 0 Total 1173.64 Study Area 60 is currently 76% developed. Residential land has the potential of increasing from 772 acres to 893 acres, with most of the increase in low -medium density, multi -family or townhouses development. Commercial acreage is substantially increased on the City Plan, from 68 acres currently existing to over 184 acres. Park and Recreation uses will also increase by 23 acres. The number of dwelling units permitted in Study Area 60 by the City Land Use Plan Map is.5_4L2*units. The County Land Use Plan permits a total of 5561 units. There are. at this time, 99 reserve units that may be used by the City to apply to parcels within Study Area 60. * RESIDENTIAL CALCULATIONS Originally adopted units = 5362 Add #6 residential units =-}100 New total units = 5462 Amendments -12- Stud Area 62 The following are acreages Land Use Cate or 0 Residential Low Low -Medium Medium Medium -High Commercial Recreation/Open Space Public/Private Golf Course Industrial Utilities Community Facilities for the future land uses within Study Area 62. Existing (in Acres) 355.44 74.74 152-94 67.75 6.S7 266.26 31.32 ' 234.94 46.92 • 0 22.72 Future (in Acres) 928.20 180.43 456.30 291.47 0 167.b0 276.59 41.65 234.94 312.5A 0 48.41 Lmajor Road R.O.W. 0 91.09 1824.47 Total Since Study Area 62 is turrently less than 40% developed the City land use Land plan provides for substantial residential and non from 355eacrest99devetoprd today to allocated for residential use is increased 928*acres- Most of this increase is in 1s�din COMNrcialola land the dwellings. The plan allows for an increas ,ay expand 6.6 acres currently in use tod168 acres and acres. properill from the 47 acres existing today the City land uie The number of dwelling units permitted in tudnd Use PlanArea 62ypermits a total of plan map is A045 units. The Broward 13 County be used by t he 1058 units. There areat this Study reserea ve units that may City to apply to parts *CAPORELLA ISLAND One acre of proposed park wase o ved buttno additionalon units greater t an 453 gross or 9.8 DU/AC netllbe 12A ttudy Area 61 tend use Cate r Residentiil Comercial Recreation/Open Space Public/Private Golf Course Industrial utilities Community Facilities Major Road R.O.K. Existing (in Acres) 367.94 fl.06 373.21 $3.63 289.58 0 0 17.83 0 Futgre (in .Acres) 1879.23* 255.68 469.80 180.22 0 4.13 30.77 70.70 2610.64 TOTAL Study Area 61 (synonymous with Flexibility Zone 61)9 consists of Land Sections 4,5 8 6, and was annexed into the City in 1972. As a result of the annexation, litigation comenced between the City of Tamarac and Leadership Housing, the primary developer. The first order of consequence was issued by Judge tiinnet in 1973; -The-Order mandates that with the exception.of.parking. .a11 of.Land Sections 495 i 6 would be subject to Broward County Zoning regulations in effect on , December 31, 1972. Sometime later, it became apparent to the City that the order was going to create some significant problems and the City sought to have the order modified. In 1974, Judge Yeissing upheld the Minnet Order. The City appealed all the way to the Supreme Court which upheld the Minnet nod Yelssina Orders. Then in 19769 the City and Leadership Housing agreed to have entered an Order on Motion for clarification. This final order provided that Leadership shall be subject to certain City regulations and that a hexi�itotal of9,114 nIng s fall dwelling units shall be built on 48 specificparcels. under the original order. By the time the Broward County Planning Council prepared the County Land Use Plan, substantial changes had occurred in Sections 496 i 6. Several parcels had been sold, others voluntarily rezoned by the ownerss and some had been developed at a density below what was permitted under the orders. Hence, the total number of units to be permitted in Flexibility Zone 61 (Land Sections 4,5 6 6) became.r matter of individual interpretation and the Planning Council Is determination Of 12,759 units resulted in serious objections from the land owners. After several months of study and negotiations, it'was establi,hed that the"land owners have vested rights to a higher number of units pursuant to Section 6.06 of the Broward County Charter. On January 309 1979, a consensus was reached among the County un Commission, the City Council and the major land owners that a total ofi14 273 Zone s6l (with 144 units specifically for Tract 44A) shall be permitted in Fte * RESIDENTIAL CALCULATIONS Originally adopted units = 1895.33 Less #7 = 2.04 Less #9 = 13.73 New Total Units = 1879.23 12-6 M__ The City will continually monitor development in this area by wonting with developers and property owners to reduce residential densities In order to insure that the maximum density will not be exceeded. Non-residential uses such as commercial and community facilities are treated the same as in other study areas. The City Land Use Plan Maps in conjunction with the permitted uses within each of the land use categories. determines the amount and location of these uses. . Statistical City Summary ' The following is a statistical summary of the Tamarac Future Land Use Plan. Table 2 summarizes the land uses on the Land Use Plan Map by•the acreage of each land use category. for each study area and for the City as a whole. Table 3 lists the number of dwelling units permitted in each study area and the City as a whole, on the City Land Use Plan Maps and the County Land Use Plan, and lists the number of reserve omits in each study area and the City as a whole: Table 3 also indicates the overall gross density represented on the City Land Use Map in each study area. Figure 3 depicts the percentage of the City allocated for each land use on the Land Use Plan Map. Land Use Category Residential Commercial Public/Private Golf Course Industrial Utilities Community Fat. Major Road R.Q.W. TOTAL Table 2 Summary of Land Uses in Acres Study Area 42 64 60 62 61 383.88 626.09 893.24 928.20 1879.23 134.95 19.82 184.5n 267.60 155.68 62-550 � 70.15 41.65 180,22 59.D2 444.74 0 234.94 289.3E 12.61 0 0 312.S6 0 `T-- 10.22 O 0 4.13 4.67 3.88 25.75 48.41 30.77 40.58 35.57 0 91.09 70.70 697.66 1158.13 2173.64 2624.47 2610.64 AMENDMENT f5 -13- Total 4710.64 662.20 372.13 1 8. 8 325.19 14.35 113.46 237.94 7464.74=11.E s4. 1 Ub]e 9 gamarat Total W9111n6 Units by Study Area Study Area Overall County Dtfterente City (Reserve Density units) 42 1.9 du/at 3249 t 4Q6 (162 max. permitted)4 64 4420 3.7 $272 - f 852 (263 max. perr-itteWO)' .60 5462 4.6 $562 4 99 62 9045 4.9 9053. ♦ 13 61 14273 5.5 1A273 0 36403 4.8 37413 537 "Reserve Units SUB -TOTAL RESERVE UNITS 537 365BO TOTAL UNITS 36580 833 Paper Units * See Section 2 of "Implementation Procedures". AMENDMENT #5 -14- Po�utai�oN PtO�Ecy�on 1 rmits a total Of 36,043 dwelling units t0 The Tamarac Land Vse Plan leap Pe Q The built. The use of the res580e•Ynit to^vnitfeon 4 39a74 acres eofilandother 537 units for a total of 36. dwelling The reserve nit concept as applied to the Cit Of Ta""C wi11 nat 1n all likel�haod result in an increase in residential nsdenfirft trohethat distrsbutiich an permitted on the City Plan rip for three reaso ich he bulk of the of reserve units is such that the study lly S In developed• leaving Very little reserve units are located ere substantially Setondl . the land uses on the land available for their application• Tana rat Land Use Plan M.aD represent a reasonable allocationland ressure u ion of residential'denslties. therefore there r111 be eery► Finallye and increase densities from City tt proventcom utmented on the ito the�raintenance of Land c*st irportantlys is t Y a low densityg open space oriented cgrrmunity'as reflectede City of on �Mi11 primarily Use Plan orpreThe stributing unitscwithin anstudy area. be used fo it has been the experience in urban areas thathe intensity ofentntull buildout is somewhat less than the buildout permitted regulation most urban areas develop .to only 75%-20% of their potential and it is reasonable to assume that oaulitiionilrojectionnrre will�assvmeilar Vhehat enom anon. For the purpose oft s population P future residential development will Plan occur Thus.lthetProjtrteddnun+ber of permitted by the City Land Use P units rip1resented by the Tamarac land Use Plan is determined as follows: 1. Total number of existing units 2. Total aumbtrof nits" Permitted - by the City P 2. Difference (1242813) d. g5% X 22,294 a S. Projected unit total (1) + S 36,580 22,294 The Broward County Land Use Plan projects that there will be. persons per household in Broward bounty by the time the Count its potential buildout. Applying this average household size projected number of units represented by the Tamarac Land Use detamine the projected future population. Projected population 14,286 18,950 33,236 units 33,236 units 1 2.2 persons/household * 733,,1.19 This level of population which vast probably will be attained around the l�sncrease over the 3- 3,.000 residents turrentlY year 2000. represents a estimated to be living in Tamara Ln on the average, 2.2 y Plan reaches number to Lhe Plan, we can AMENDMENT #5 15 PARKS -AND RECREA710N FAC101YES The eroward County Land Use Plan requires that to order for a 1ota1'lAni use (3) acres of parkand plan to be certified. it east Irovide a MlatwA of three for 000 residents. Since the Projected recreation land every. projected opulation for the City of Tamarac is '73,119 the park acreage Muir" by he County Plants 220 acres@ dhe following is a list of the park acreagestciexisting as recreation facilities and zoned for park use only, or shown park on the City Land Use Plan Map. Study area Public/Private Park Golf Courses -- facilities 42 �L2..�() ac... 59.02 ac. i4 1Lhl ac. 444.74 ac. 0 50 Ex 20.i5 ac. 41.65 aC. 234.94 ac. S: 164.45 ac. 299.59 Sc. + Tc�zls 356.36 aC. 102S.28 Ac. The County land Use Plan Permits up to I5t of the total park require~p'+► t: be satisfied by golf course acreage. In Tamarac this means that 33 acres of total 220 acre county requirement is satisfied from golf course t:rvaoe. Tara rac's land use plan also represents 356.35 acres of rutli: ar.d private park facilities toned for open 'space use on y. h s Wore than Reets the requirements of the County Plan. in addition to the park facilities discussed Above, the City •rill Conti to require each new development to provide park and recreation futilities to reet the needs of its residents. AMENDMENT #5 -16- AMENDMENT #6 Adopted: Ordinance # Purpose:- To amend Future Land Use Plan, p. 24 In order to include future reservation areas for annexation and proper land use plan designations upon annexation into Tamarac provided the designation is consistent with State and County laws related to annexation and land use planning. The reservation areas to be included in Tamarac's Comprehensive Land Use Plan map are listed as follows and graphically described on the following Page #18: MEN AM91M r+ _ r I 70 kRESf ij OF BOULEVARD SECTIONS NDUSTRIAL S OFRST ECUTIVE ,IR ORT Catu Ty FACILITYW OF UTI ITY FLANT TH TH COURT & E OF NM MST AVENUE GOLD COAST SCHOOL II ACRES± pUPLEx DEVELOP! NT-0 52ND CT) 11OF PORELLA ARK OF ULEVARDS SECTIONS OF OSPECT ROAD W OF ECUTIVE AIRPORT III 130 ACRES± N OF HOLIDAY INN ON SR#% & C"' L BLVD, L OWERGIAL & OF MO SPELT ROAD RrqmFNTiAL OF IEW INDUSTRIAL PARK OF URNP I KE IV 100 ACRES± N OF VERCIAL BOULEVARD WF NTIAL S OF ILEY ROAD E OF SHAKER VILLAGE HE GATE) W OF RDCK ISLAND POAD V 75 ACRES- N OFrAI ERCIAL BOULEVARD RES DENT IAL S OFEY 1GOAD E OFUDA CLUB WOODLAND GREENS, W OF SHAKER VILLAGE �0��� ��EADOVJS, tWYAN LAKES & VACANT PROPERTY) _17_ is IN PC Revision: 1. The "Future Land Use Plan" map, page 24 of the City of Tamarac's Future Land Use Element is proposed to be amended to include five annexation reserve areas as identified on page'17 of this amendment. It is recognized that the State of Florida Statutes mandate that the future land uses designated for each annexation reserve parcel shall not be the effective designation until the individual parcel is properly annexed into the City of Tamarac and the densities and other and 171ru+selatedttoions are annexationnsistent procedurestandFlorida Statute requirements. 2. The existing land uses for each parcel identified as an annexation reserve area shall be in accordance with Broward County Unincorporated Future Land Use Plan as certified by the Broward County Planning Council unless properly amended by Tamarac subsequent to annexation. -19-