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Home My WebLink AboutCity of Tamarac Ordinance O-2006-021Temp. Ord. #2126 November 13, 2006 Page 1 of 5 ORDINANCE NO. 0-2006- AN ORDINANCE OF THE CITY OF TAMARAC, FLORIDA, AMENDING CHAPTER 10, THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF TAMARAC BY AMENDING ARTICLE VI, ENTITLED "LAND DEVELOPMENT AND CONSISTENCY STANDARDS"; SPECIFICALLY AMENDING SECTION 10-330, ENTITLED "CONCURRENCY STANDARDS AND PROCEDURES," IN ORDER TO PROVIDE FOR COMPLIANCE WITH THE REQUIREMENTS OF SECTION 163.3180, FLORIDA STATUTES, AS AMENDED FROM TIME TO TIME, TO PROVIDE FOR THE ENACTMENT OF A PROPORTIONATE FAIR -SHARE MITIGATION ORDINANCE; INCORPORATING BY REFERENCE SECTION 5-182(a)(5)(b) OF THE BROWARD COUNTY LAND DEVELOPMENT CODE; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the 2005 Florida State Legislature adopted amendments to the state growth management program which directed local governments to comply with a requirement that "proportionate share contributions" be accepted from developers in satisfaction of statewide transportation concurrency requirements by December 1, 2006; and WHEREAS, pursuant to Section 163.3180, Florida Statutes, the City of Tamarac (hereinafter referred to as the "City") is required to enact an ordinance to provide that the City accept proportionate share contributions from developers in order to satisfy statewide transportation concurrency requirements; and WHEREAS, the City lies within the Broward County Central and North Central Concurrency Districts, standard concurrency districts for purposes of Broward County's CODING: Words in strike reu type are deletions from the existing law; Words in underscore type are additions SSG/JGH 11-9-06 LIALegislation\Draft Legislation Received\Nov. 22\T02126-2006-_(Proportionate Fair Share Mitigation).doc Temp. Ord. #2126 November 13, 2006 Page 2 of 5 (hereinafter referred to as the "County") concurrency management system for the County roadway network; and WHEREAS, the intent of the proportionate fair -share mitigation of development impacts on transportation corridors is to ensure that developments outside of the transit concurrency districts contribute their fair share towards the County -approved improvements for that district; and WHEREAS, in order to meet the requirements of the 2005 legislative amendments with regard to the County roadway network, it is necessary for the City to incorporate by reference the requirements of Section 5-182(b)(5) of the Broward County Land Development Code, as amended from time to time; and WHEREAS, the City Commission deems it to be in the best interests of the health, safety and welfare of the citizens and residents of the City to amend Section 10- 330 of the City's Code of Ordinances as provided herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct, and are hereby incorporated herein and made a part hereof. CODING: Words in StFike thFough type are deletions from the existing law; Words in underscore type are additions SSG/JGH $-2-06 UALegislation\Draft Legislation Received\Nov. 22\TO2126-2006-_(Proportionate Fair Share Mitigation).doc Temp. Ord. #2126 November 13, 2006 Page 3 of 5 Section 2. Section 10-330 of the City of Tamarac Code of Ordinances is hereby amended as follows: Sec. 10-330 Concurrency Standards and Procedures (h) Satisfaction of BrowardCounty concurrency standards. The burden _shall be on the applicant_ to demonstrate compliance_ with the standards detailed in this section. If applicable, the development application shall be reviewed to ensure that the proposed development_ satisfies the Broward County Concurrency Standards for the Regional Road Network„ as _outlined in Section 5- 182(a) of the Broward County Land Development Code, as amended . _ from time to time. The _applicant shall provide the necessary documentation from Broward County demonstrating satisfaction of these requirements. The _applicant may choose to satisfy the transportation concurrency requirements by making a proportionate share contribution to an eligible transportation project located within the Central and North Central Concurrency Districts, pursuant to the requirements set forth in Section 5-182 a 5 b 4 of the Broward County Land Development Code, as amended from time to, and Section 163.3280, Florida Statutes, as amended from time to time. The options available for and methodoloav for determinina the amount of proportionate share mitigation, and the procedures for the City to implement such proportionate„ share mitigation on the City's roadway network shall be asspecified in Section 5-182 a 5 b 4 of the Broward Countv Land Development Code, as amended from time to time. Section 3. It is the intention of the City Commission of the City of Tamarac, Florida that the provisions of this ordinance shall become and be made a part of the City CODING: Words in sttike thFeu type are deletions from the existing law; SSG/JGH 8-2-06 Words in underscore type are additions UALegislation0raft Legislation Received\Nov. 22\TO2126-2006--(Proportionate Fair share Mitigation).doc Temp. Ord. #2126 November 13, 2006 Page 4 of 5 of Tamarac Code of Ordinances. The sections of this ordinance may be re -numbered or re -lettered and the word 'ordinance" may be changed to "section," "article," or such other appropriate word or phrase in order to accomplish such intentions. Section 4. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith be, and the same are hereby repealed to the extent of such conflict. Section 5. If any clause, section, or other part or application of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and so not affecting the validity of the remaining portions or applications remaining in full force and effect. Section 6. This Ordinance shall become effective immediately upon its passage and adoption. THE REST OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK. CODING: Words in StFiL�TIke t TeRgh type are deletions from the existing law; Words in underscore type are additions SSG/JGH 8-2-06 UALegislation0raft Legislation Received\Nov. 22\TO2126-2006-_(Proportionate Fair Share Mitigation).doe 1 1 1 Temp. Ord. #2126 November 13, 2006 Page 5 of 5 PASSED, FIRST READING this �� DAY OF ncvemb, 2006. PASSED, SECOND READING this 13 th DAY OF rn , 2006. ATTEST: MARION SWENSON, CIVIC CITY CLERK I HEREBY CERTIFY that I have approved this ORDINANCE as to form: RECORD OF COMMISSION VOTE MAYOR TALABISCO DIST 1: V/M PORTNER DIST 2: COMM. ATKINS-GRAD DIST 3: COMM. SULTANOF DIST 4: COMM. DRESSLER RECORD OF COMMISSION VOTE: 2ND Reading MAYOR TALABISCO DIST 1: V/M PORTNER DIST 2: COMM. ATKINS-GRAD DIST 3: COMM. SULTANOF DIST 4: COMM. DRESSLER IL CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions SSG/JGH 8-2-06 UALegislation\Draft Legislation Received\Nov. 22\TO2126-2006-_(Proportionate Fair Share Mitigation).doc