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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2011-002Temp Ord. No. 2219 January 18, 2011 Page 1 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 2011 - oa AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, ADOPTING AN AMENDMENT TO THE CAPITAL IMPROVEMENTS ELEMENT OF THE CITY OF TAMARAC COMPREHENSIVE PLAN IN ACCORDANCE WITH CHAPTER 163, SUBSECTION 163.3184 OF THE FLORIDA STATE STATUTES CONCERNING A TEXT AMENDMENT TO ESTABLISH GOALS, OBJECTIVES AND POLICIES; (CASE NO. 24-MI-10) PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, it is the goal of the City to provide, or cause to be provided, the infrastructure necessary to provide for the health, welfare and safety of its residents; and WHEREAS, the City Commission of the City of Tamarac, Florida (hereinafter referred to as the "City") recognizes the need to ensure that the adopted Level of Service (LOS) Standards are achieved and maintained for concurrency related facilities throughout the City; and WHEREAS, City staff recommends the approval of the proposed text amendment to the City's Comprehensive Plan Capital Improvement Element (hereto attached as Exhibit "A" attached hereto and incorporated herein and made a specific part thereof) has been reviewed by staff; and Temp Ord. No. 2219 January 18, 2011 Page 2 WHEREAS, on January 5, 2011 the Planning Board approved the proposed text amendment to the Capital Improvement Element of the City's Comprehensive Plan; and WHEREAS, the City has held the required public hearings; and WHEREAS, the City Commission finds it appropriate to amend the text of the Capital Improvement Element of the City of Tamarac's Comprehensive Plan for the purpose of identifying the capital improvements that are needed to implement the Comprehensive Plan and ensure that adopted Level of Service (LOS) Standards are achieved and maintained for concurrency related facilities (sanitary, sewer, solid waste, drainage, potable water, parks and recreation, schools and transportation facilities, including mass transit, where applicable). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISISON 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 this Ordinance. All exhibits attached hereto and referenced herein are hereby incorporated by this reference. SECTION 2: That the City of Tamarac's Comprehensive Plan is hereby amended to reflect the proposed text, as shown in Exhibit "A" attached hereto and incorporated herein and made a specific part of this ordinance. SECTION 3: 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. 1 1 Temp Ord. No. 2219 January 18, 2011 Page 3 SECTION 4: 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. PASSED, FIRST READING this '4" PASSED, SECOND READING this J q A _~ PETER M. J. RICORDSON, CRM, CMC CITY CLERK 1AMgR �. ` A, - . V .' • e �03'�S 1g63 �O� L_ I HEREBY CERT4��/TIHC ►T%Fi IAVE APPROVED THIS ORDINANCE AS TO FORM. o % SA UEL S. G REN CITY ATTORNEY day of �.�„�,,�,� , 2011. day of , 2011. BETH TALABISCO, MAYOR RECORD OF COMMISSION VOTE: 1ST READING MAYOR TALABISCO L -2-� DIST 1: V/M BUSHNELL V�--- DIST 2: COMM. GOMEZ -" DIST 3: COMM. GLASSE _- DIST 4: COMM. DRESSLEW�,v-,10, RECORD OF COMMISSION VOTE: 2ND READING MAYOR TALABISCO DIST 1: V/M BUSHNELL � DIST 2: COMM. GOMEZT DIST 3: COMM. GLASSER�' , DIST 4: COMM. DRESSLER� Temporary Ordinance No. 2219 Exhibit "A" Page 1 VIII. CAPITAL IMPROVEMENTS ELEMENT VOLUME I: GOALS, OBJECTIVES & POLICIES City of Tamarac, Florida Temporary Ordinance No. 2219 Exhibit "A" Page 2 VIII. CAPITAL. IMPROVEMENTS ELEMENT GOALS. OBJECTIVES & POLICIES ,e3.7,1I The City of Tamarac shall provide, or cause to be provided, the infrastructure necessary to provide for the health, welfare, and safety of its residents. The City will correct existing deficiencies and maintain needed public facilities and provide or require the provision of facilities concurrent with the impact of development. Objective 1 The City will use the Capital Improvement Element (CIE) as the means to establish needs and to develop programs for essential public improvements. Funds will be provided for capital improvements as outlined in the other elements of the comprehensive plan. Capital improvements will be directed toward correcting existing deficiencies, maintenance of all existing facilities, and to provide for future growth. Monitoring and Evaluation: • Objective can be evaluated in terms of its implementing policies. Policy 1.1 The City of Tamarac shall revise and adopt annually a Capital Improvement Program (CIP) that addresses the existing and projected deficiencies as outlined in the Capital Improvement Element and those items listed in the five-year schedule of improvements. Policy 1.2 The City of Tamarac shall update its Capital Improvement Element (CIE) on an annual basis after the adoption of the Capital Improvement Program and submit the CIE to the State Planning Agency, DCA, annually as a Comprehensive Plan Amendment. Policy 1.3 The City of Tamarac shall identify those projects in the other plan elements which will maintain or expand facilities. These projects shall be included in the five-year Schedule of Improvements and incorporated into the annual Capital Budget. Policy 1.4 The City shall continue using the Needs Assessment Committee composed of the Director of Public Works, Financial Services, Utilities and Community Development which shall prioritize projects for the CIE, those projects in the five-year Schedule of Improvements, and the annual proposed capital budget. Policy 1.5 The City shall adopt annually a Capital Budget which shall include at a minimum the first year Improvements of the CIE. Temporary Ordinance No. 2219 Exhibit "A" Page 3 VIII. Capital improvements Element Goals, Objectives & Policies Policy 1.6 Proposed Capital Improvements shall be evaluated and ranked in priority according to the following guidelines: 1. does the project contribute to or further the achievements of specific objectives contained in Elements of the Comprehensive Plan? 2. Does the project eliminate possible hazards and protect the public health, safety, and welfare of the City's residents, provide the necessary infrastructure as part of a legal requirement or prior commitment, and use, to the fullest extent, existing facilities? 3. Will the project eliminate or correct existing deficiencies, increase capacity of existing facilities, or reduce the necessity for or cost of future improvements or provide for future needs? 4. Will the project provide services to developed areas lacking services, or be a logical extension or expansion of facilities or services within designated service areas? 5. Will or can funds be available for the project? Can operating and maintenance costs associated with the improvement be provided from the annual operating budget? Objective 2 Future development shall be responsible for bearing a proportionate fair share of the cost for improvements in order to maintain adopted Level of Service (LOS) standards. Monitoring and Evaluation: • The balance of development revenues collected versus the cost of improvements. Policy 2.1 The City of Tamarac shall continue its policy of collecting impact fees from future development for traffic, recreation, open space, drainage retention, water, and sewers. Policy 2.2 The City of Tamarac shall continue its policy of mandatory dedications or fees in lieu of dedications as a condition of plat or site plan approval for recreation open sites and development of recreation facilities for residential developments. Policy 2.3 The City of Tamarac shall continue to require the dedication, deeding by separate instrument or grant of easement or necessary rights -of -way for public streets as shown on the Broward County Trafficways Plan and in the Transportation Element of the Tamarac Comprehensive Plan. Temporary Ordinance No. 2219 Exhibit "A" Page 4 Vill. Capital improvements Element Goals, Objectives & Policies Policy 2.4 The City shall conduct an impact fee rate study by the year 2009 2011 to ensure that new development and redevelopment pays its fair share of capital improvements needed to serve the development/redevelopment. Objective 3 The City of Tamarac shall exercise sound fiscal management to ensure that needed capital improvements are provided for existing and future development. Monitoring and Evaluation • Evaluated at the time of creating the five year capital improvements plan and schedule of capital improvements needed to maintain LOS standards. Policy 3.1 Section 7.16 of the City Charter states, "The City shall have full power and authority to issue municipal bonds or to borrow funds for municipal purposes to the extent authorized by and subject to the limitations provided in the Constitution of the State of Florida, the Municipal Home Rule Law, other statutes and this Charter; provided further that bonds intended for the funding or refunding of an acquisition or construction of a capital project shall not be issued until such project and such issuance has been approved by a majority of the qualified electors voting on the issue at a special or general election." Policy 3.2 The Financial Services Director recommends that the City maintain a debt burden, defined as debt service payments, of less than fifteen percent (15 %) of combined operating expenditures for qQvernme ntal utility and storm water funds. Policy 3.3 The City shall adopt as part of its annual budget, a schedule for the depreciation and periodic replacement of capital facilities from current revenues. Policy 3.4 The City Manager shall submit to the City Commission an updated five year Capital Improvement Program annually. The capital program shall include a summary of its contents and a list of all capital improvements which are proposed for the next five (5) fiscal years with appropriate detailed information. Whenever so requested by the Commission or otherwise required, the manager shall make recommendations for revisions of the program. Policy 3.5 The City of Tamarac shall require to be installed or install, all needed public facilities for development prior to the issuance of a Certificate of Occupancy. Development orders shall be issued by the City in accordance with the adopted concurrency management system and with 163.3202(2)(g) F.S. Temporary Ordinance No. 2219 Exhibit "A" Page 5 Vill. Capital Improvements Element Goals, Objectives & Policies Objective 4 Development orders and permits shall be issued only when it is demonstrated by the applicant that the land development proposal conforms with the development requirements of this Comprehensive Plan, with land development regulations, and that sufficient public facilities or service capacity to support such development will exist at the time a building permit is issued for the project. Monitoring and Evaluation: Monitored through the City's Concurrency Management System and permit review process. Policy 4.1 The City of Tamarac shall use the following LOS standards in reviewing impacts of development upon public facilities: 1. SANITARY SEWER Western Service Area (Broward County Wastewater Treatment Facilities) 124 gallons per capita per day. Eastern Service Area (Fort Lauderdale Wastewater Treatment Facilities) 131 gallons per capita per day. 2. SOLID WASTE Broward County Disposal Facilities (BIC Landfill and Resource Recovery Facility) 8.9 pounds per capita per day. Tamarac Collection (Contractual Service Providers) All solid waste collection provided by City contracted service providers. 3. DRAINAGE -CANALS FEMA criteria for minimum floor elevation and protection of floodplains; Standards as established by the Broward County Department of Natural Resources Protection, South Florida Water Management District, Broward County Water Management Division, and the City of Tamarac for off -site discharge, on -site retention, and best management practices for pollutant discharge; and Ten (10) year storm will produce a headwater no higher than four (4) inches above the lowest catch basin rim in parking lots or two (2) inches below the edge of pavement in subdivisions. Temporary Ordinance No. 2219 Exhibit "A" Page 6 VIII, Capital Improvements Element Goals, Objectives & Policies 4. POTABLE WATER o Western Service Area (Tamarac Water Treatment Plant) 107 gallons per capita per day. o Eastern Service Area (Fort Lauderdale Water Treatment Plants) 80 gallons per capita per day. o BCU Service Area (Broward County Water Treatment Plants) 131 gallons per capita per day 5. TRANSPORTATION The City of Tamarac shall uphold the following Level of Service Standards consistent with Broward County's Transit Oriented Concurrency System: In areas of Tamarac within the North Central Transit Concurrency District, the level of service is as follows: o Achieve headways of 30 minutes or less on 90 percent of routes. o Establish at least one neighborhood transit center In areas of Tamarac within the Central Transit Concurrency District, the level of service is as follows: o Achieve headways of 30 minutes or less on 80 percent of routes. o Establish at least one neighborhood transit center. In all areas of Tamarac, the level of service is as follows: o Increase the number of bus shelters by 39 25 percent, and maintain the maximum service volumes on arterial roadways within each District, as displayed below: • Two-lane arterials: 2,555 • Four -lane arterials: 5,442 • Six -lane arterials: 8,190 • Eight -lane arterials: 10,605 Temporary Ordinance No. 2219 Exhibit "A" Page 7 Vill, Capital Improvements Element Goals, Objectives & Policies The City of Tamarac shall maintain the following Level of Service Standards in addition to Broward County's Transit Oriented Concurrency System: o Florida Turnpike -LOS "D" two-way peak hour o Sawgrass Expressway -LOS "D" two-way peak hour o County collector roadways, LOS "D" two-way peak hour o City collector roadways, LOS "D" two-way peak hour o City local roadways, LOS "C" two-way peak hour 6. RECREATION AND OPEN SPACE Public parks, recreation, and open space shall be provided at a LOS of 3.0 acres+ -per 1,000 population. Private parks, recreation, and open space shall be provided at a LOS of 3.5 acres per 1,000 population; exclusive of stormwater management areas; up to fifteen percent of this may be met by golf course land. Policy 4.2 The City of Tamarac shall ensure adequate facility capacity is available or will be available when needed prior to the issuance of a development order. Developments orders shall be issued by the City in accordance with the adopted concurrency management system and with 163.3202 (2) (g), F.S. To do so, the City may approve a proposal, reject a proposal, or require that a development be phased in accordance with availability of specific facilities or services as provided in this element. Policy 4.3 Requests for development permit or Land Use Plan amendments shall be reviewed to examine what affect upon the public facilities the request shall have per the following criteria: 1. Whether the proposal is consistent with, supports, or contributes to the achievement of the goals and objectives in this plan. 2. Whether it affects any existing condition of a public facility as outlined in the Transportation Element, Recreation and Open Space Element, and Sanitary Sewer, Solid Waste, Drainage, Potable Water, and Natural Ground Water Recharge Sub — Elements. 3. Can the plan amendment or proposed development be provided with the necessary public facilities that are planned in the five year schedule of improvements. Temporary Ordinance No. 2219 Exhibit "A" Page 8 VIII, Capital Improvements Element Goals, Objectives & Policies 4. Whether the proposal conforms to the Future Land Use Map of the Future Land Use Element. 5. Whether the plan amendment or development is in conformity with county, state agencies, water management district's plans, and those of other regulatory agencies with management or regulatory authority. Development orders shall be issued by the City in accordance with the adopted concurrency management system and with 163.3202 (2) (g), F.S. Policy 4.4 The Public Works, Utilities and Community Development Departments will continue to monitor and improve the established criteria the City employs to evaluate capital improvement projects to accommodate new development and redevelopment needs. These criteria will be used by the City during its annual capital budgeting process. Policy 4.5 The Public Works and Utilities Departments will continue to maintain and improve the adopted LOS standards for potable water as guided by the City's 10-Year Water Supply Facilities Work Plan and other relevant jurisdictions. Policy 4.6 The City will maintain its water supply system through improvements to water facilities as needed when identified in the Capital Improvements Program. Policy 4.7 The Financial Services Director will review all proposals for capital projects and make a recommendation to the City Manager concerning the City's ability to finance such proposals. The recommendation shall include a review of the following: 1. Ability to use impact fees. 2. Ability to use an existing revenue stream. 3, Assessment of likelihood of getting a bond approved by Tamarac voters. 4. Availability of grant funds. Temporary Ordinance No. 2219 Exhibit "A" Page 9 VIII. Capital Improvements Element Goals, Objectives & Policies Policy 4.8 During the planning period, the City shall use the following criteria for the consideration of the plans of state agencies and the South Florida Water Management District during the City's evaluation of Capital Improvement Projects." These criteria include the following: 1. Project is needed by the city; 2. Project is funded by appropriate agency; and 3. City has funds available to meet any required local match. Policy 4.9 Public facilities to serve developments for which development orders were issued prior to the adoption of the Tamarac Comprehensive Plan, provided those development orders meet all provisions of the Land Development regulations, shall be available. The Concurrency Management System, as identified in the Tamarac Cade of Ordinances, already provides for facilities monitoring and development permit monitoring which will ensure availability as required during the planning period. Policy 4.10 City of Tamarac traffic impact fees shall only be used for city streets. Since Broward County collects regional traffic impact fees (for the County road system) the city shall not collect fees for those same roads. Any state roads in Tamarac are covered by the regional road system and not eligible for city impact fees. Objective 5 The City, in collaboration with the School Board, Broward County and non-exempt municipalities shall ensure that public school facilities are available for current and future students consistent with available financial resources and the adopted LOS. Monitoring and Evaluation: School enrollment projections compared to the School District's Adopted Five -Year District Educational Facilities Plan, as adapted by reference into the Capital Improvement Element. Policy 5.1 Consistent with policies and procedures within the ILA, the DEFP shall contain a 5-year financially feasible schedule of capital improvements to address existing deficiencies and achieve and maintain the adopted LOS in all CSAs. Policy 5.2 The uniform, district -wide LOS shall be 110% of the permanent FISH capacity for Concurrency ServireAreas. segeel- Temporary Ordinance No. 2219 Exhibit "A" Page 10 Vill. Capital improvements Element Goals, Objectives & Policies Policy 5.3 The adopted LOS shall be applied consistently by Broward County, the municipalities and the School Board, district -wide to all schools of the same type. Objective 6 To formally adopt the capital improvement plans/schedules of all governmental agencies which schedule and fund improvements needed to maintain City -adopted level of service standards. Monitoring and Evaluation: • Periodic review of all interlocal agreements and related capital improvements work plans to ensure that they are current. Policy 6.1 The City of Tamarac hereby adopts by reference the Broward County School Board's District Education Facilities Plan FY 2007-2008 to 2011-2012, adopted by the School Board on August 1, 2007. Policy 6.2 The City of Tamarac hereby adopts by reference the Transportation Improvement Plan 2007-2011 formally adopted by the Broward County Metropolitan Planning Organization on July 12, 2007. Policy 6.3 The City of Tamarac hereby adopts the City of Tamarac's '^^T 2011 - 2015 Capital Improvements Program as originally adopted on 8@P'8^ P897 September 22, 2010. Policy 6.4 The City hereby adopts by reference the Ft. Lauderdale Water Supply Facilities Work Plan, 2008 required by Chapter 163 of the Florida Statutes and submitted to the South Florida Watgr Management District.. Policy 6.5 The City hereby adopts by reference the Broward County 10-Year Water Supply Facilities Work Plan, 2007 re uired by Chapter 163 of the Florida Statutes and submitted to the South Florida Water ManagementDi ri . Temporary Ordinance No. 2219 Exhibit "A" Page 11 Vill. 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