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Home My WebLink AboutCity of Tamarac Ordinance O-2015-004Temp. Ord. No. 2316 March 25, 2015 Page 1 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 2015 - .04/ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AMENDING CHAPTER 10 OF THE CITY'S CODE OF ORDINANCES, ENTITLED "LAND DEVELOPMENT REGULATIONS, ARTICLE V, ENTITLED "IMPROVEMENTS", BY ENACTING DIVISION 10, SECTION 10-311 ENTITLED "LOCAL ACTIVITY CENTER MITIGATION FEE PROGRAM", TO PROVIDE FOR ADOPTION OF A MITIGATION FEE PROGRAM ASSOCIATED WITH THE IMPACTS CONNECTED WITH DEVELOPMENT WITHIN THE AREA DESIGNATED AS THE LOCAL ACTIVITY CENTER ("LAC))) BY THE FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN; PROVIDING FOR CODIFICATION PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 27, 2010, the City Commission of the City of Tamarac (the "City") adopted Ordinance numbers 2010-22 and 2010-23, amending its Comprehensive Plan to establish a Local Activity Center ("LAC") for the area that is designated as the City's Tamarac Village Local Activity Center, the geographic area depicted in the attached "Exhibit A", attached hereto, and incorporated herein (the "Property"); and WHEREAS, the City made application to Broward County for a change to the Land Use Designation under the County Land Use Plan for the Property from 121.45 acres of Commercial, 6.67 acres of Community Facilities, 3.21 acres of Recreation and Open Space and 2.24 acres of Low (5) Residential to Local Activity Center (the "Land Use Amendment"); and WHEREAS, as a part of the Broward County Planning Council staff review of the Land Use Amendment, adverse impacts were identified on the Regional Transportation System that are estimated to increase the number of P.M. Peak Hour Vehicle Trips at the long term planning horizon; and CODING: Words in stFik-ems type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2316 March 25, 2015 Page 2 WHEREAS, as a condition of approval of the Land Use Amendment, the Broward 'County Planning Council and the Broward County Board of County Commissioners required the City to pay to the County a Transportation Mitigation Fee for the installation of improvements included as part of the County's Signalization Engineering Improvements ("SEI") capital program to mitigate the impacts to the Regional Transportation System; and WHEREAS, on April 23, 2014, in satisfaction of this traffic mitigation condition, the City Commission adopted Resolution No. 2014-38, approving a Declaration of Restrictive Covenants, which committed the City to the payment of a transportation mitigation fee of Two Hundred and Twenty Eight Thousand Six Hundred and Sixty Six ($228,666.00) Dollars for future development within the LAC; and WHEREAS, the purpose of this Ordinance is to amend Chapter 10, Article V. Division 10 of the City's Land Development Regulations, included within the City's Code of Ordinances, in order to establish the fair share contribution payment schedule, which will be implemented for development generating additional trips within the LAC, after the effective date of this Ordinance; and WHEREAS, the proposed fee schedule is based upon the available remaining development rights within the LAC, and will be. assignable to and used toward traffic impacts of proposed development within the LAC, based upon additional P.M. peak hour trips that are generated by the development within the LAC; and WHEREAS, for the purposes of this traffic mitigation program, the P.M. peak hour trips shall be based upon the Institute of Transportation Engineer's ("ITE") trip generation rates current as of the date of building permit application for the associated development, and will be utilized to determine the fair share contribution payment at the CODING: Words in _6 t or if vk% eo t Rho or oo 1%. A, on type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2316 March 25, 2015 Page 3 time of building permit application for each individual project within the LAC; and WHEREAS, the maximum total mitigation fee amount of $228,666.00 is required to mitigate a maximum of 1,888 P.M. peak hour trips within the LAC; and WHEREAS, the payment schedule that has been developed as part of the traffic impact mitigation program provides for a fee of $121.12 for each P.M. peak hour trip, as the fair share contribution payment for traffic mitigation for projects within the LAC; and WHEREAS, this amount shall be adjusted every October 1, starting October 1, 2014, by the amount of change reflected for the previous twelve (12) month period in the Implicit Price Deflator of the Gross National Product prepared by the United States Department of Commerce Bureau of Economic Analysis; and WHEREAS, funds received by the City through the implementation of the LAC Transportation Mitigation Fee will be placed into a City account to be transferred as payment to the County in accordance with the approved Declaration of Restrictive Covenants; and WHEREAS, the funds collected by the City at the time of building permits pursuant to this Ordinance shall be utilized by the County for the installation of improvements included as part of the County's Signalization Engineering Improvements ("SEI") capital program to be applied along Commercial Boulevard from Sawgrass Expressway to SR-7; McNab Road from Nob Hill Road to SR-7; Oakland Park Boulevard from Sawgrass Expressway to SR-7; Nob Hill Road from Oakland Park Boulevard to Atlantic Boulevard; Pine Island Road from Oakland Park Boulevard to Atlantic Boulevard and University Drive from Oakland Park Boulevard to Atlantic Boulevard, in the vicinity of the LAC, as determined by the County; and CODING: Words in stf+ke-�#Fe�# type are deletions from existing law; Words in underlined type are additions. and Temp. Ord. No. 2316 March 25, 2015 Page 4 WHEREAS, the Community Development Director has reviewed this Ordinance; WHEREAS, a public notice was provided in accordance with Section 163.31801; Florida Statutes; and WHEREAS, a public hearing was held before the City Commission pursuant to the published notice described above; and WHEREAS, the City Commission finds that adoption of this Ordinance through its police powers will protect the health, safety and welfare of the residents of the City, serves a public and municipal purpose, and furthers the purpose, goals and objectives and policies of the City's Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITE( OF TAMARAC, FLORIDA, AS FOLLOWS: SECTION 1. The foregoing recitals are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof; are all exhibits attached hereto are incorporated herein and made a specific part of this Ordinance. SECTION 2. That Chapter 10, Article V, Division 10, Section 10-311 of the City of Tamarac Code of Ordinances, entitled "Local Activity Program," is hereby enacted to read as follows: Center Mitigation Fee CODING: Words in stFike t type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2316 March 25, 2015 Page 5 DIVISION 10. LOCAL ACTIVITY CENTER MITIGATION FEE PROGRAM Sec. 10-311 Local Activity Center Mitigation Fee Program. (a) Impacts within the reaional transportation system within the Local Activi LAC) desianation as contained within the Ci Center s Comprehensive Plan shall be mitigated through the LAC Transportation Mitigation Fee, based upon a fair share contribution payment schedule for mitigation of transportation impacts associated with additional tri s generated as a result of development within the LAC. (b) The amount of a required LAC Transportation Mitigation Fee payment shall be determined by the number of additional P.M. trips qenerated by a proposed developMent at the time of building ermit application. This amount shall be ad'usted eve 0ctorber I. starting October 1, 2014, by the amount of change reflected for the previous --twelve (12) month period in the Implicit Price Deflator of the Gross National Product rep ared �,Y the United States Department of Commerce Bureau of Economic Analysis. T he amount of the fee shall be calculated based on the LAC Transportation Mitigation Fee, Schedule which shall be adopted by Resolution of the City Commission. SECTION 3. Codification. It is the intention of the City Commission of the City of Tamarac 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, re lettered and the word "Ordinance" may be changed to "Section", "Article" or such other word or phrase in order to accomplish such intention. SECTION 4. Conflicts. That all Ordinances or parts of Ordinances, Resolutions or parts thereof in conflict herewith, be and the same are hereby repealed. to the extent of such conflict. SECTION 5. Severability. Should any section, provision, paragraph, sentence, clause of word of this Ordinance or portion hereof be held or declared by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall be considered as eliminated and shall not affect the validity of the remaining portions or applications of this Ordinance. CODING: Words in 16,brik-h type are deletions from existing law; Words in underlined type are additions. SECTION 6. Effective Date. days after adoption. Temp. Ord. No. 2316 March 25, 2015' Page 6 This Ordinance shall become effective ninety (90) PASSED, FIRST READING this iti- day of 2015. PASSED, SECOND READING this day of ATTEST: W. lr� PATRICIA TEUFE , CMC CITY CLERK I HEREBY CERTIFY that have approved this ORDINANCE as to form: CITY ATTO R N BY: MA OR HARRY DRESSLER RECORD OF COMMISSION VOTE: 1ST Reading MAYOR DRESSLER DIST 1: V/M BUSHNELL DIST 2: COMM. GOMEZ DIST 3: COMM. GLASSER DIST 4: COMM. PLACKO RECORD OF COMMISSION VOTE: 2ND Reading MAYOR DRESSLER DIST 1: V/M BUSHNELL DIST 2: COMM. GOMEZ DIST 3: COMM. GLASSER DIST 4: COMM. PLACKO CODING: Words in stFike t type are deletions from existing law; Words in underlined type are additions. n=M MMMM � ..� IN fm W80111`AIN�i'� man'1 NW so ams I* �I Pilaf IIqjIWxX 1 m =! 9 W. - 11% — - ?AM WKS rjW MIME MMOM mmRl� NIN