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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1996-013Temp. Ord. #1762 1 August 16, 1996 Revision No. 1 - August 28, 1996 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-96- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AMENDING CHAPTER 10 ENTITLED, "LAND DEVELOPMENT REGULATIONS", AMENDING ARTICLE III, SECTION 10-47 ENTITLED, "SITE PLAN SUBMISSION" TO INCLUDE A NEW ITEM (36) REQUIRING THE SUBMITTAL OF A PROPOSED STREETSCAPE IMPROVEMENT PLAN, AMENDING ARTICLE III, SECTION 10-79 ENTITLED, "LANDSCAPE PLANS" TO INCLUDE A NEW ITEM (d) ESTABLISHING SUBMITTAL OF PLANS FOR REQUIRED OR VOLUNTARY STREETSCAPE IMPROVEMENTS, AMENDING ARTICLE V ENTITLED, "IMPROVEMENTS" CREATING ANEW DIVISION 10 TO BE ENTITLED, "STREETSCAPE IMPROVEMENT FUND", CREATING SECTION 10-297 ENTITLED, "INTENT AND PURPOSE", CREATING SECTION 10- 298 ENTITLED "DEFINITIONS", CREATING SECTION 10-299 ENTITLED "STREETSCAPE IMPROVEMENT FEE IMPOSED ON NEW LAND DEVELOPMENT ACTIVITY", CREATING SECTION 10-300 ENTITLED "TIME OF PAYMENT", CREATING SECTION 10-301 ENTITLED "USE OF FUNDS COLLECTED", CREATING SECTION 10-302 ENTITLED "TRUST FUND ESTABLISHED", CREATING SECTION 10-303 ENTITLED "EXEMPTION AND CREDITS", CREATING SECTION 10-304 ENTITLED "SURETY FOR IMPROVEMENTS; CASE NO. 14-Z-96; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFEEECT,IVEDATE. CODING: Words in struelt threwgl,� type are deletions from existing law; Words in underscored type are additions. 1 1 Temp. Ord. #1762 2 August 16, 1996 Revision No. 1 - August 28, 1996 WHEREAS, the City Commission of the City of Tamarac realizes the benefits urban trees and landscaping provided in meeting those beautification objectives as well as enhancing the human habitability of the city; and WHEREAS, the City Commission had prepared a "Street Tree Inventory" for the major vehicular and pedestrian corridors within the city in 1993, which established the value of the City's urban trees and provided long-term recommendations on the care, maintenance, and planting of said trees; and WHEREAS, the City Commission had prepared a "Master Landscape Plan" for the major vehicular and pedestrian corridors within the city and approved said Plan in July 1996, which established design objectives and guidelines for landscaping within the said corridors, and provided long-term implementation recommendations for said Plan; and WHEREAS, the Planning Commission recommended approval of the Ordinance amendment at a public hearing on July 3, 1996; and WHEREAS, the Director of Community Development recommends approval of the Ordinance amendment; and WHEREAS, the City Commission of the City of Tamarac has deemed it to be in the best interest of the citizens and residents of the City of Tamarac to promote the continued beautification of the properties within the City's municipal limits. CODING: Words in stfuelt through type are deletions from existing law; Words in underscored type are additions. Temp. Ord. #1762 3 August 16, 1996 Revision No. 1 - August 28, 1996 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of the Ordinance upon adoption hereof. SECTION 2: That Section 10-47 entitled, "Site Plan Submission" (of Article III) is hereby amended as follows: Streetagape Improvement Plan as described in gection 11-6 shall b submitted in conjunction with item (35) above if the applicant is required to, r is yolunjarily proposingto, perform Streetscapp, Improvementsin return for credits outlined in Section 10-303, SECTION 3: That Section 10-79 entitled, "Landscape Plans" (of Article III) is hereby amended as follows: ko Where any new development abuts or is adjacent -to one (1) or more of the "Str r " identified in the City Maste[ Lijj]dspape Plan, and the applicant is req!jirgd jo. or is voluntarily propgaing Ig perform Streetsca Imp.Egvementsin return for fee credij§u lined in Section 10-303. then the applicantmust present to the director f community development im of Final Site Plan- I a Streetscape Improvement Plan as part of or com item above. The must depict and cl indicate all proposedff it improvements proposed within the Streetscape QQrridor in accordance with Section 11-6 of this code, forthe entiLQ length CODING: Words in -`-•.ewgl�t type are deletions from existing law; Words in undersc rP type are additions. Temp. Ord. #1762 4 August 16, 1996 Revision No. 1 - August 28, 1996 that the pr,,QUg$ed developmenta identified Streetscape Corridors). A certified cost estimate for the improvements _must also be submitted. Review -of the submitted plan(s,)--by_,r�ff and planning commission ill be completed with re-commrndationsmade tot i co mission a$ to whether the plan(s) meet the design criteria of tfieii Master Landspape Plan and any coofligigwhich may result fr he gg[opletion of the proposgd i r vements. It shall reMain at thecit 's discretion whether to accept or remect the =posed improvements for fpe credits in conjunction with Fin Plan Approval. TI 4: That Division 10 entitled "Streetscape Improvement Fund" (of Article V) is hereby created to read as follows: DIVISION 10. 5IREETSCAPE IMPRQYEMENT FUND Section 10-297 Intent and Purpose. W The city commission has determined recognized through the adgptionof the City r Landscape Plan that it is in the �,gt interest of the current and future residents of Tamarac to procure reetscapp, improvements in allpublic vehicul and edes rights -of -way corridors within the mun limits. Because all properties to be developed or redeveloped hereafter will receive mm n urate benefit andincrease i value from street treeand -landscaping, and in parlicular, property owesuch major ri s-o 7way; therefore new developments riot to site roval or building rmit i5suance if site plan approval is not applicable, satisfactorily commit to plant or cQntribute as set forth in this subsection. kW In grder to finance the desiredr c Improvements outlined and recomimended in the City Magler Landscape the city commission finds it nerP$sa[y to require I future development activity within the a s fair d a nabl fee, supportingsaid improvements, an CODING: Words in struelt thmugj� type are deletions from existing law; Words in Underscored type are additions. Temp. Ord. #1762 5 August 16, 1996 Revision No. 1 - August 28, 1996 i[aplp,ment a re ulato[y schp,[ag that will capitalize gn the unified Planning of new developments n' ncti n with beatification of the identifigd current and/or fUture Streetscape Corridors, Section 10-298 Definitions. The following wordra, termsand phrases.in this di ' shall have, the meanings ascribed to them in this gpglign,. except where the context clearly indicates,a different meaning Accessory building or structure means a detached, suboLdina,et buildina the use hi h is clearlyincidential and related to that he pringipal building or use of thp Ind which is n the that of the principal building or use. ,61212licant means the- who applies for final gite plan Buildina rmit means n offigial documentcertificate by the authority. having jurisdiction. authorizing the con_str_ucti_gn of any building. The term shall also include i wn permits for thQse structures or buildings that do not require a building permit, such as mobile home in r to be occupied Land development tivit means the carryingout f any building activity or the making of any material change in_ -the use or appearance of any strijglurer land that ant cai or attracts s vehicular over and above h duced by the existingf the Ind. m ncement-meana the cancellation of gonstruction activity [Dgkina a material chaacip, in a structure.an llati n Qf any- gtbe[ land development aplivitymaking i t change in thp, use or appearangp, of land. Site -related improvement meansre sca e or Laodscape m r vements at or n ar 1he developmenijgwhich is n a or is included within the develop ent as required by otbQ1 portions of this code - CODING: Words in struelt threaglv type are deletions from existing law; Words in underscored type are additions. Temp. Ord. #1762 6 August 16, 1996 Revision No. 1 - August 28, 1996 Section 10-299 Street cane Improvement Fee Imposed on Neyy Land Development Activity_ U Any applicant obtaining Final Site Plan approval following the effective d to of the ordinance from which_fhisdivision was derived shall pay s fee in the manner required by this division upon commencgment of any new land development activity requiring a building permj.#, ThQ fair and reasonable fee shall be used exclusivelywithin the City exclusive p_!j[poses set forth in this division. The fee to be paid in full prior to issuance of building permit by the City, shall be calculated utilizing one (1,) or_more of the following lands categories. if is of a mixed -use nature. TABLE X - ST EETSCAPE IMPROVEMENT FUND FEES BY LAND USE LAND USE TYPE UNIT OE MEASURE FEE _PER UNI Residential Commercia In •ffMM _Q_Qg][DU0ijy Facilities Utilities Regreation dwelling unit (du) acre acre acre acre acre Dime of Payment. At the time of Final Site Plan -approval, the fees due on -the subject development for the Streetscape Improvement Fund $ ggt forth in this h er will be 5tipulated as a condition of approval by tha-au commission including any credits to be granted in accordance. with Section 10-303. The total fees will ba_D.aid prior to the issuance of the first buildin CODING: Words in struel(thFeeiglt type are deletions from existing law; Words in underscored type are additions. 1 1 1 Temp. Ord. #1762 7 August 16, 1996 Revision No. 1 - August 28, 1996 Section 10-301 Use of Funds Collected. The funs collected in accordance hidivision shall be used solely for the purpose of construction of or completing the various improvements outlined in the City Master Landscape Plan, including but not limited to: Landscape II ins - Trees. sbrubs, hedges. aro ndcovers, mulch —_gravel and related planting products. Q Irrigation ( Pavement (ngw or restoration). functional r decorative. 01 Decorative walls or fences, & Signage Me 01 Water Features f% Entrance Features jjtility relocations accomm d ove installatioarz LM Perpetual nanc f above installations Section 10-302 Trust Fund Established. There ablishe a trust fund in w ' fees paid pursuant to the provisiong of this division -are to be deposited. CODING: Words in stwelt-tom type are deletions from existing law; Words in underscgred type are additions. Temp. Ord. #1762 8 August 16, 1996 Revision No. 1 - August 28, 1996 nds withdrawn from is agcgunt must be used s in accordance with the provisions of Section 10-301 and in compliance with the City Mas Plan. The disbursal-ofh funds shall re Approval f the cily commission r recommendation hmanager and djLgctor of public works. to Any funds on deposit not immediately necessary for expenditure shall be invested in interest Uppringsources. All iderived shall be deposited in the applicable cc kM The fees collectedpursuant to this returned the then present owner of the ,land if the fees have not. been spentn mber d reasonable time but not Igter Than by theend of the r immediately fallovying ten 10 years from thet the fees were paid. Refunds shall made in accordan a with the following prodire: W The present owner must petition the city_ commission for the refund within one-(1)yea following the end of the tenth year from the date go ,,which the fee was paid. The petition must be submitted to the dir tec or of community development and must contein: a. A notarized sworn statemen# That the petitioner is the cu[rentowner of the ro A copy ofthe--dated receipt issued paymenth f A certified copy of the latest recorded d end_: and d. A copv of the most recent ad valorem tax l_AM CODING: Words in type are deletions from existing law; Words in undersr type are additions. Temp. Ord. #1762 9 August 16, 1996 Revision No. 1 - August 28, 1996 Within three (3) months from the dgig of receipt of a petition for refund, the director of commlinity_ devel.QpMent will advise the petitioner and the city commission of jbp, status of the fee requested for refund. For the purpose -of this section, fees collected ,shall be deemed tc_ be spent (encumbered) on the basis of the first fee and shall bg the first fee out. In -other _wg c s, the first money placed in a trust fund -account shall be the first money taken out of that gccount. kQ When the money requested is still in the trust fund account and has ngi bppn spent rdbthe f tho calendaru r immediately fo 1 years from he date the fees were paid, the money shall be returned, Ue The fees collected pursuant to this division may returned to he present owl]gr if the proposed land dpvelopmentacti ' canceled dUe to a noncommencement of construction _before the funds have been _c m itted or spent pursuant to this division. may be 'n accordance wh subsections (d)(2) and M Sectign 10-303 Exemption and Credits. Ual Exemption. The following shall be exempted from payment of the Streetscape Improvemcnt.feg: (11 Alterations or expgnsion of an existbg dwellingunit wheLe, no additional unitsr rea darid-theis not than The construction f @ccessocy buildings r structures whmcb will not increase the occupancy rates or generate additional traffic asso-ciated with the principal building or of the lg.nd_ CODING: Words in StFuelt thmugh type are deletions from existing law; Words in underscored type are additions. Temp. Ord. #1762 10 August 16, 1996 Revision No. 1 - August 28, 1996 The rgPlacement of a destroyed or partially destroyed building. gr structure with a new building or structure of -the -same size and use. W The construction of publicly owned v rnmen al buildin tW Credits. W Where a proposed development activity abuts or is_gdi e� n one (1) or more of the Streetscape Corridors identifipd in the City Master Landscape Plan, the developer_may gl ce t to construct partj2f tbP, adjacentr tsca Improvements which is in-addilign to the site -related r v m n s. The developer -shall submit the roposed %rgetscape lmprovemqnA Plan(s) which he intends to complete along with a certified cost estimate to the director of community develogIDgnt. The d'community d ve hall determine h prgposed construction and reasgriable substitute for a portion of the Streetscape fee and the amount of credit to be given and 1he timetablefor completion, In no case shall the credit granted exceed more__than_50 percent 50% of th a fee which would nQrmally be due o t d development he proposed Streetscape Improvemeatss 12� Where a proposed development seeks to, or is requiLQd to complete Streetscape Improvements as outlined in Sub- s above, the 12rol2osed Streetscapemen s shall be completed for all portions of the swale area. between edge of road n nd the r n the proje= adjacent side of the streets .W., as well as 133edian improvements if al2pligableand not previouslycompleted. the entiLelength of which-thech-the 12rpiect abuts saidr a e R.O.W. r Q Thg developer may h II nae any determingtion made director of community development pursuant to paragraphs Bove by fi ' petition with thg gily commission - CODING: Words in atFuelt ter type are deletions from existing law; Words in underscored type are additions. Temp. Ord. #1762 11 August 16, 1996 Revision No. 1 - August 28, 1996 Sec ion 10-304 Surety Required for ImpLQvements. Prior to the issuance of a buildingpermit for development propQsina StreetscapeIm r vements for which fee credils will be granted, the developer shall p st,with the city in a form accel2igble to the city n nd riskmgoijaer a bond.r Qf credit or other acceptable surety for 110 percent(110%%) of an estimatg bearing h n in er's / r l n s arcbitect's sealedas approprogte for the corgl of all improvements contained in the Streetscape Improyrment PI s part of the Final Site n approval. Upon com i n of the required StreetscapeImproveme and rel' in acceptance f the director of comol m dp,yglopment, the hall release surety held to secure the required improvements except that 10 per (1 QYP) of the required r hall be rQtainedi r a period of one after the issuaoceof the last certifigate of occupancy for the development or portion of development for which the §urety was issljpd, at which time the city will make final i0spections of th required improvements. If said Streetscape Inprovements are acceptable by the, director of community development meeting I city requirementg th r mai pp,rcent10% ofposted surety II be released. Piro the rel f any portionh surety under the requiremeDts of this sgrtion, a com le f as -built d[gwings must be submitted to and ggpepted by the for of community development. CODING: Words in stFuelt througli type are deletions from existing law; Words in underscored type are additions. 1 Temp. Ord. #1762 12 August 16, 1996 Revision No. 1 - August 28, 1996 SECTION 5: It is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Tamarac, Florida, and that the Sections of this Ordinance may be renumbered, relettered and the word "Ordinance" may be changed to "Section", "Article" or such other word or phrase in order to accomplish such intention. SECTION 6: All Ordinances or parts of Ordinances, and all Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION7: If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given affect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. CODING: Words in stFuelt thFeuglt type are deletions from existing law; Words in underscored type are additions. 1 Temp. Ord. #1762 13 August 16, 1996 Revision No. 1 - August 28, 1996 SECTION 8: This Ordinance shall become effective immediately upon its passage and adoption. PASSED, FIRST READING this f / day of '1996. PASSED, SECOND READING this 0(p day of 1996. ATTEST: L CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have approved this CITY ATTORNEY community dev\c:\userdata\wpdata\ord\14z96ord\ps rij L M. 11, 1 —k'27 A I ii: i * - • ABRAMOWIT 1 MAYOR F•L01 Z Vie r 1' r + r.�► /r CODING: Words in type are deletions from existing law; Words in underscored type are additions.