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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2018-002Temp Ord. No. 2373 February 14, 2018 Page 1 1 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-2018 - 00- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF TAMARAC REFERENCED IN SECTION 24-3 OF CHAPTER 24 OF THE CITY OF TAMARAC CODE OF ORDINANCES TO REFLECT THE REZONING OF CERTAIN REAL ESTATE PROPERTY DESCRIBED AS PORTIONS OF BLOCKS 3 AND 4, LYONS INDUSTRIAL PARK, AS RECORDED IN PLAT BOOK 71, PAGE 1 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA AND PORTIONS OF BLOCKS 9 AND 10, LYONS COMMERCIAL SUBDIVISION UNIT NO. 2, AS RECORDED IN PLAT BOOK 69, PAGE 43 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, MORE LEGALLY DESCRIBED IN EXHIBIT "A", FROM THE CURRENT MXD (MIXED USE DISTRICT) ZONING CLASSIFICATION TO PD (PLANNED DEVELOPMENT DISTRICT) ZONING CLASSIFICATION AS SUPPORTED BY THE PLANNED DEVELOPMENT AGREEMENT AND MASTERPLAN DEFINING DEVELOPMENT PARAMETERS AND STANDARDS ATTACHED HERETO AS EXHIBIT "B", FOR THE SUBJECT PROPERTY LOCATED ON THE NORTH SIDE OF COMMERCIAL BOULEVARD, GENERALLY BETWEEN NW 94TH AVENUE TO THE WEST AND PINE ISLAND ROAD TO THE EAST WITH PORTIONS LOCATED NORTH OF NW 57T" STREET, GENERALLY KNOWN AS "TAMARAC VILLAGE" , IN ORDER TO PROVIDE CONSISTENCY WITH THE LAND DEVELOPMENT REGULATIONS IN ACCORDANCE WITH THE INTENT OF THE COMPREHENSIVE PLAN OF THE CITY OF TAMARAC; (CASE NO. 4-Z-17); PROVIDING FOR AMENDMENT TO THE OFFICIAL ZONING MAP TO REFLECT SUCH CHANGE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the owner of the subject property, Tamarac Land Trust (c/o Alan J. Polin, P.A., Trustee), has requested that certain real estate property located on the North side of Commercial Boulevard, generally between NW 94th Avenue to the West and Pine Island Road to the East with portions located North of NW 57th Street, containing 17.263 Temp Ord. No. 2373 February 14, 2018 Page 2 acres of land, be rezoned from MXD (Mixed Use District) to PD (Planned Development District); and WHEREAS, in accordance with Section 24-542 of Division 27, Chapter 24 of the Code of Ordinances, the purpose of the Planned Development District (PD) is to permit large tracts of land which are part of a master development plan to be planned and developed as a whole with a greater amount of flexibility by removing some of the detailed restrictions of conventional zoning; and WHEREAS, planned developments are established by amendments to the official zoning map to rezone land to the Planned Development District (PD) zoning classification for which applicable development regulations are defined by a planned development master plan (PD plan) and a planned development agreement (PD agreement); and WHEREAS, the proposed planned development district designation is consistent with the purpose and standards of Division 27 of the City of Tamarac Code of Ordinances; and WHEREAS, existing development along the perimeter of the proposed Planned Development district is consistent and compatible with the proposed Tamarac Village development, the City of Tamarac Comprehensive Plan and the underlying Local Activity Center land use designation, and 1 Temp Ord. No. 2373 February 14, 2018 Page 3 n WHEREAS, lands rezoned to a Planned Development District (PD) zoning classification shall be subject to the approved planned development master plan/planned development agreement (PD plan/agreement), and such plan/agreement is binding on the land as an amendment to the official zoning map; and WHEREAS, development of the land shall be limited to the uses, intensity and density, configuration, and all other elements and conditions set forth in the planned development master plan/planned development agreement (PD plan/agreement); and WHEREAS, the Director of Community Development believes the proposed rezoning is consistent with the Comprehensive Plan in that the proposed zoning designation is consistent with the underlying land use designation; and WHEREAS, pursuant to the provisions of the Code of Ordinances of the City of Tamarac, Florida, public notice has been given of the time and place of the public hearing regarding the rezoning of the subject property and said public hearing has been held in accordance with the notice and the public has been given an opportunity to be, and has been heard; and Temp Ord. No. 2373 February 14, 2018 Page 4 WHEREAS, on February 7, 2018, the Planning Board held a duly advertised Public Hearing and unanimously found the rezoning application met the requirements of Division 27 and Article III, Section 24-67 of the Code of Ordinances, and is in harmony with the goals, objectives and policies of the Comprehensive Plan and recommends approval; and WHEREAS, the Director of Community Development recommends approval of this Rezoning; and WHEREAS, the City Commission of the City of Tamarac, Florida, hereby accept the Planning Board's recommendation, and find that the proposed rezoning is consistent with the City of Tamarac Comprehensive Plan and is therefore in the best interest of the City; and 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; all exhibits attached hereto are incorporated herein and made a specific part thereof. 1 1 Temp Ord. No. 2373 February 14, 2018 Page 5 SECTION 2: That the lands for which the legal description is hereto attached as Exhibit "A", (incorporated herein and made a specific part of this Ordinance) are hereby rezoned from MXD (Mixed Use District) to PD (Planned Development District). SECTION 3: That the lands for which the legal description is hereto attached as Exhibit "A", (incorporated herein and made a specific part of this Ordinance) are hereby subject to the approved planned development master plan/planned development agreement (PD plan/agreement) that is hereto attached as Exhibit "B". SECTION 4: That the official Zoning Map of the City of Tamarac shall be changed to reflect such zoning designation upon the effective date of this Ordinance. SECTION 5: 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. SECTION & 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. .qF(:TInN 7 adoption. Temp Ord. No. 2373 February 14, 2018 Page 6 This Ordinance shall become effective immediately upon its PASSED, FIRST READING this PASSED, SECOND READING this 0� PATRICIA TEUFEL, rp CITY CLERK I HEREBY CERTIFY that I have approved this ORDINANCE as to form day of 2018. day of /� '2018. IVIA T U K RECORD OF COMMISSION VOTE: 1st Reading MAYOR DRESSLER DIST 1: COMM. BOLTON DIST 2: V/M GOMEZ DIST 3: COMM. FISHMAN DIST 4 COMM. PLACKO RECORD OF COMMISSION VOTE: 2nd Reading MAYOR DRESSLER DIST 1: COMM. BOLTON DIST 2: V/M GOMEZ DIST 3: COMM. FISHMAN DIST 4 COMM. PLACKO EXHIBIT "A" LOT 1, BLOCK 3 AND LOTS 6 THROUGH 12, INCLUSIVE, BLOCK 4, LYONS INDUSTRIAL PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 71, PAGE 1 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. TOGETHER WITH: A PORTION OF LOTS 6, 7, 8, 9 AND 10, BLOCK 9 AND A PORTION OF LOTS 1 THROUGH 10, INCLUSIVE, BLOCK 10, LYONS COMMERCIAL SUBDIVISION UNIT NO. 2, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 69, PAGE 43 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING 1 AT THE NORTHERLY MOST NORTHWEST CORNER OF SAID LOT 10, BLOCK 10; THENCE NORTH 89'36'02" EAST, ON THE NORTH LINE OF SAID BLOCK 10, SAID LINE ALSO BEING THE SOUTH RIGHT-OF-WAY LINE OF N.W. 57TH STREET, ACCORDING TO SAID PLAT, A DISTANCE OF 1180.53 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE SOUTHEASTERLY ON THE ARC OF SAID CIRCULAR CURVE, HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 90°00'00", A DISTANCE OF 39.27 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 00°23'58" EAST, A DISTANCE OF 242.95 FEET (THE LAST TWO COURSES BEING COINCIDENT WITH THE EAST LINE OF SAID LOT 1, BLOCK 10); THENCE SOUTH 44'36'02" WEST, ALONG THE NORTH LINE OF COMMERCIAL BOULEVARD, ACCORDING TO OFFICIAL RECORDS BOOK 7462 AT PAGE 352 OF SAID PUBLIC RECORDS, A DISTANCE OF 35.36 FEET; THENCE SOUTH 89'36'02" WEST, ALONG THE NORTH RIGHT-OF-WAY LINE OF COMMERCIAL BOULEVARD, ACCORDING TO OFFICIAL RECORDS BOOK 7462 AT PAGES 352, 339, 344, 352, 347, 349 357 AND 329 OF SAID PUBLIC RECORDS, A DISTANCE OF 975.00 FEET, THENCE NORTH 00°23'58" WEST ON THE EAST LINE OF SAID LOT 10, A DISTANCE OF 8.88 FEET; THENCE SOUTH 89°36'02" WEST, ALONG THE NORTH RIGHT-OF-WAY OF COMMERCIAL BOULEVARD, ACCORDING TO OFFICIAL RECORDS BOOK 44307 AT PAGE 130 OF SAID PUBLIC RECORDS, A DISTANCE OF 210.14 FEET; THENCE NORTH 45°54'28" WEST, ALONG SAID NORTH RIGHT-OF-WAY, A DISTANCE OF 22.47 FEET; THENCE NORTH 01°25'35" WEST, A DISTANCE OF 242.91 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE NORTHEASTERLY ON THE ARC OF SAID CIRCULAR CURVE, HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 91°02'37", A DISTANCE OF 39.72 FEET TO THE POINT OF BEGINNING 1 (THE LAST TWO COURSES BEING COINCIDENT WITH THE WEST LINE OF SAID LOT 10). AN D: COMMENCING AT THE NORTHEAST CORNER OF LOT 7, BLOCK 9, LYONS COMMERCIAL SUBDIVISION UNIT N0. 2, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 69, PAGE 43, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; THENCE SOUTH 89°36'02" WEST, ALONG THE NORTH LINE OF SAID LOT 7, A DISTANCE OF 3.72 FEET TO THE POINT OF BEGINNING 2; THENCE SOUTH 01°26'29" EAST, A DISTANCE OF 281.00 FEET; THENCE SOUTH 89°36'02" WEST, ALONG THE NORTH RIGHT-OF-WAY LINE OF COMMERCIAL BOULEVARD, ACCORDING TO OFFICIAL RECORDS BOOK 32920, AT PAGE 120 OF SAID PUBLIC RECORDS, A DISTANCE OF 51.90 FEET; THENCE SOUTH 00°23'58" EAST, ALONG SAID NORTH LINE, A DISTANCE OF 12.00 FEET; THENCE SOUTH 89'36'02" WEST, ALONG THE NORTH RIGHT-OF-WAY LINE OF COMMERCIAL BOULEVARD, ACCORDING TO OFFICIAL RECORDS BOOK 7462, AT PAGES 357, 355 AND 342 OF SAID PUBLIC RECORDS, A DISTANCE OF 424.49 FEET; THENCE NORTH 45°23'58" WEST, ALONG SAID NORTH LINE, A DISTANCE OF 35.36 FEET; THENCE NORTH 00°23'58" WEST, A DISTANCE OF 242.95 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE NORTHEASTERLY ON THE ARC OF SAID CIRCULAR CURVE, HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 90°00'00", A DISTANCE OF 39.27 FEET (THE LAST TWO COURSES BEING COINCIDENT WITH THE WEST LINE OF SAID LOT 10, BLOCK 9); THENCE NORTH 89°36'02" EAST, ALONG THE NORTH LINE OF SAID BLOCK 9 AND THE SOUTH RIGHT-OF-WAY LINE OF N.W. 57TH STREET, ACCORDING TO SAID PLAT, A DISTANCE OF 471.28 FEET TO THE POINT OF BEGINNING 2. SAID LANDS ALL LYING IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA, AND CONTAIN 17.263 ACRES, MORE OR LESS. PD PLAN/AGREEMENT EXHIBIT B Submitted April25, 2017 Resubmitted October 24, 2017 Resubmitted December 12, 2017 This PD Plan/Agreement shall be binding upon the landowners, their successors, and assigns and shall constitute the development regulations for Tamarac Village. Development of Tamarac Village shall be limited to the uses, intensity and density, configuration, and all other elements and conditions set forth in this PD Plan/Agreement. This PD Plan/Agreement shall automatically expire if an application for site plan approval for any part of Tamarac Village shown in the approved PD Plan/Agreement is not submitted within one (1) year after approval of the planned development, or an extension of this time period is authorized by the director. The community development director shall record the adopting ordinance and the PD Plan/Agreement with Broward County Records at the expense of the applicant. STATEMENT OF PLANNING OBJECTIVES The development of Tamarac Village is based upon the following Planning Objectives: • To create a mix of uses that relate to and complement one another through site design • To create a mix of uses that respond to their context and complement one another through building design and street orientation • To facilitate linkages among both the on -site and off -site uses through the uses of pedestrian, bicycle and vehicular circulation connections, shared access points and shared parking • To create a new public gathering space and central district for the City of Tamarac • To provide new housing stock for the City and its residents • To support the use of public transportation systems COMMUNITY BENEFITS In order to compensate for added development flexibility under the PD District, Tamarac Village will provide the following community benefits: • A .75 acre Public Park • Public artwork • Improved streetscapes for N.W. 57th Street and N.W. 915t Street that include paver sidewalks, pedestrian lighting, street furnishings, and enhanced landscaping • Pedestrian, bicycle and vehicular linkages to the overall circulation infrastructure of the City of Tamarac • Creation of over $100,000,000.00 worth of new, taxable real estate development within the city of Tamarac. PUBLIC FACILITIES Solid Waste Management: Provided by the City of Tamarac Public Services Department through current subcontractor Waste Management of Florida, Inc. Fire Protection and EMS Services: Provided by the City of Tamarac Fire Rescue Department. The closest fire station that will service Tamarac Village is Fire Station 15 located at 6000 Hiatus Road, Tamarac, FL 33321. Police Protection: Provided by the Broward County Sheriff's Office, Tamarac District located at 7515 Pine Island Road, Tamarac, FL 33321. Schools: Provided by The School Board of Broward County. The specific schools that will serve Tamarac Village include: Challenger Elementary Millennium Middle School J.P. Taravella High School 5703 NW 94th Ave. 5803 NW 94th Ave. 10600 Riverside Drive Tamarac, FL 33321 Tamarac, FL 33321 Coral Springs, FL 33071 Parks and Recreation: Provided by the City of Tamarac Parks system. Specific parks and recreation facilities that will service Tamarac Village include: Caporella Park 5200 W. Prospect Road Tamarac, FL 33321 Sunset Point Park 11000 W. McNab Road Tamarac, FL 33321 Mainlands Park 4500 Monterey Drive Tamarac, FL 33321 Tephford Park 10003 Southgate Boulevard Tamarac, FL 33321 Tamarac Sports Complex 9901 NW 77th Street Tamarac, FL 33321 Storm Water Management: Provided via outfall to the 100' wide canal located adjacent to the north property line of Tamarac Village. This 100' wide canal connects to the C-14 drainage canal located along Southgate Boulevard and is included within the City of Tamarac Master Water Management Permit (06- 00072-S). Additional water storage, either dry or wet, will be constructed on the city owned Colony West Golf Course and/or the city owned FPL easement area located adjacent to Southgate Boulevard. Electricity: Provided by Florida Power & Light Water & Sewer: Provided by the City of Tamarac Water Services Department Telecommunications: Provided by Hotwire, AT&T and/or Comcast Gas: Provided by the City of Sunrise Gas Department CAPITAL IMPROVEMENT PLAN The City's Capital Improvement Program includes the construction of several new parks, bicycle lanes, signage, water management structures, and general facility repairs. The construction of Tamarac Village furthers the efforts of the City's Capital Improvement Program by providing the following: • Bicycle lanes along NW 57' Street that will connect to the city's bicycle route system • Pedestrian sidewalks adjacent to NW 57th Street and NW 915Y Avenue that connect to the city's system of sidewalks • Rebuilt rights -of -way for NW 57th Street and NW 915Y Avenue • New street lighting for NW 57th Street and NW 915t Avenue PHASING Tamarac Village will be constructed in three (3) primary phases. Phase I includes the construction of the private residential clubhouse, residential buildings numbers 1— 7 and the two Public Park Parcels. A total of 211 units will be constructed in this phase. The anticipated commencement of construction is 2Q2018. Construction is anticipated to take 18 months. Phase II includes the construction of residential buildings 8 -13 and R.O.W. improvements for NW 57th Street and NW 91s' Avenue. A total of 190 units will be constructed. The anticipated commencement of construction is 1Q2019. Construction is anticipated to take 18 months. Phase III includes the construction of commercial buildings 1— 3 and R.O.W. improvements for NW 915t avenue. A total of 35,000 SF. of commercial will be constructed. The anticipated commencement of construction is 3Q2019. Construction is anticipated to take 12 months. VEHICULAR PARKING STANDARDS Residential All parking required to meet the direct occupant needs for each residential unit shall be provided on -site via a combination of the following means: • Individual Private Garages • Driveway Spaces • Off -Street Parking Lot Spaces • Off -Street Motorcycle Spaces All individual private garages shall be restricted to vehicular parking only by the Lease Agreement. No more than 17.2% of such required parking shall be provided by individual private garages. Guest parking for the residential units will be accommodated by off-street parking spaces located on NW 57th Street. The PD Plan shall designate those on -street parking spaces that will accommodate guest parking via the abbreviated designation of "GR." Parking within these public right-of-way spaces shall be permitted 24 hours per day for up to a 24-hour period. All "GR" spaces will be monitored by a third -party parking management company that will assure that no guest vehicles remain within the same parking space in excess of 24 hours. If a vehicle violates this policy, it will be ticketed with a 24-hour warning notice to relocate. If the vehicle does not relocate, than it will be towed at the owner's expense. Signage will be provided adjacent to the "GR" parking spaces that indicate the 24-hour maximum parking rule. The multi -family residential (apartments) parking standards for Tamarac Village shall be as follows: Residential Vehicular Parking Standards for Tamarac Village Unit Type Parking Standard 1 Bedroom Unit 1.5 SP. / D.U. 2 Bedroom Unit 2 SP. / D.U. 3 Bedroom Unit 2 SP. / D.U. Guest Parking 14.6% of Total Required Parking Clubhouse Parking 1 SP. / 635 SF. rnmmarrinl All parking required to meet the parking needs for the commercial uses within Tamarac Village shall be provided both on -site and off -site via a combination of the following means: • Off -Street Parking Lot Spaces • On -Street Parking Spaces The PD Plan shall designate those on -street public parking spaces that will accommodate commercial uses via the abbreviated designation of "CP." Parking within these public right-of-way spaces shall be permitted 24 hours per day. The commercial parking standards for Tamarac Village shall be as follows: Commercial Vehicular Parking Standards for Tamarac Village Use Type Parking Standard General Retail 1 Space per 300 A/C SF. General Office 1 Space per 300 A/C SF. Sit -Down Restaurant 1 Space per 100 A/C SF. Exterior Dining 1 Space per 100 Gross SF. Parking standards for the specific commercial uses that are not contemplated by the above chart shall be in accordance with the City of Tamarac Land Development Code. Handicap Parking Vehicular handicap parking shall be provided in accordance with the City of Tamarac Land Development Code and the Florida Accessibility Code. BICYCLE PARKING STANDARDS Tamarac Village will provide bicycle parking spaces for both residential and commercial uses in accordance with the following minimum standards: Bicycle Parking Standards for Tamarac Village Use/Location Parking Standard Residential Units 1 SP. per 4.6 D.U. Commercial 1 SP. per 1,837 Gross SF. LANDSCAPE BUFFER STANDARDS Commercial Boulevard Right -of -Way Landscape Buffer An average ten foot (10') wide right-of-way landscape buffer shall be provided adjacent to the Commercial Boulevard right-of-way. The minimum width of this landscape buffer shall be four feet (4'). N.W. 94th Avenue Right -of -Way Landscape Buffer An average ten foot (10') wide right-of-way landscape buffer shall be provided adjacent to the N.W. 94Ih Avenue right-of-way. The minimum width of this landscape buffer shall be five feet (5'). Perimeter Landscape Buffer (Adjacent to 100' Canal, Fo Guang Shan Miami Temple, Active Senior Living Residence, and Wendy's Restaurant) An average ten foot (10') wide perimeter landscape buffer shall be provided along these perimeter property lines. The minimum width of this landscape buffer shall be eight feet (8'). N.W. 571h Street & N.W. 915T Ave. Right -of -Way Landscape Buffers Landscape buffers are not required along these rights -of -way in order to encourage street -front buildings and pedestrian circulation. Pedestrian scale landscaping is provided which includes: foundation plantings with tiered shrub layers including ground covers, privacy screen hedges for ground floor apartments, and hardscape provided including special pavement with tree wells for large palm trees lining walkways and rights -of -way. SPECIAL LANDSCAPE STANDARDS Commercial Boulevard Right -of -Way Landscape Street Trees Required plantings for the Commercial Boulevard right-of-way street trees may be located a maximum amount of 12' within the property from the right-of-way. Palm Trees Shade trees, small trees and palm trees may be utilized for street trees and pedestrian zones. Tamarac Village will provide a minimum of 20% shade trees. Landscape Islands Landscape islands and terminus islands at the end of parking rows shall be a minimum of 5 feet in width. Landscape islands are required for every 12 consecutive parking spaces or less. Landscape islands and terminus islands ant the end of parking rows shall either have shade trees, small trees or palm trees. No tree is required in landscape islands and terminus islands where area is reduced to not allow for proper tree species planting or containing a fire hydrant. Pedestrian Zone Landscape Widths fie: Foundation Plantings) Pedestrian zone landscape widths may be reduced in size as shown on the PD Plan in order to encourage creative, multi -layered landscaping. The minimum pedestrian zone width for commercial buildings is thirty (30') feet. The minimum pedestrian zone width for residential buildings and the clubhouse is twenty (20') feet. Building Facade Landscape A total of 1 tree per every 30 lineal feet of fagade is required adjacent to the primary frontage as well as the vehicular use area. These trees may be located adjacent to all building facades including ones that do not face vehicular use areas. Shade Trees Tamarac Village will provide a minimum of 48% of the required trees as shade trees and not 50% of the required trees as shade trees due to the urban nature of the development. Palm trees and other materials are more appropriate due to scale and planting environment. Impervious Area. The maximum impervious area allowed for the development is 12.62 AC. Pervious Area. The minimum pervious area required for the development is 3.61 AC. BUILDING HEIGHTS RP.tidPntinl The multi -family residential buildings at Tamarac Village shall be limited to four (4) stories with an overall maximum vertical height (inclusive of architectural features and appurtenances) of sixty (60) feet measured from the Finished Floor Elevation (FIFE) of each building pad. The residential buildings reflected within this PD Agreement currently show an overall maximum height of fifty-five (55) feet. The multi -family residential clubhouse building(s) shall be limited to two (2) stories with an overall maximum vertical height (inclusive of architectural features and appurtenances) of forty (40) feet measured from the Finished Floor Elevation (FFE) of the building pad. The clubhouse reflected within this PD Agreement currently show an overall maximum height of thirty-five (35) feet. Residential Accessory Structures shall be limited to a maximum vertical height of up to 50% of the permitted overall maximum building vertical height of sixty (60) feet (inclusive of architectural features and appurtenances) as measured from the Finished Floor Elevation (FFE). Commercial The commercial buildings at Tamarac Village shall be limited to one (1) story with an overall maximum vertical height (inclusive of architectural features and appurtenances) of forty (40) feet measured from the Finished Floor Elevation (FIFE) of each building pad. The commercial buildings reflected within this PD Agreement currently show an overall maximum height of thirty-six (36) feet. Commercial Accessory Structures shall be limited to a maximum vertical height of up to 50% of the permitted overall maximum vertical height of thirty-six (36) feet (inclusive of architectural features and appurtenances) as measured from the Finished Floor Elevation (FFE). SETBACKS Residential In accordance with the PD Plan, residential Parcels, A, B and D shall have the following setbacks: Residential Building Setbacks Chart For Platted Parcel A Setback Location Minimum Standard Street N.W. 57th Street 15' (5' Mon. Signs) Street N.W. 91st Avenue 5' Rear 100' Wide Canal 20' Side Fo Guang Shan Miami Temple 20' Residential Building Setbacks Chart For Platted Parcel B Setback Location Minimum Standard Street N.W. 57th Street 15' (5' Mon. Signs) Street N.W. 91st Avenue 5' Rear 100' Wide Canal 65' Side Active Senior Living Residence 115' Residential Building Setbacks Chart For Platted Parcel D Setback Location Minimum Standard Street N.W. 57th Street 5' Street N.W. 94th Avenue 62' Street West Commercial Boulevard 25' (5' Mon. Signs) Side Adjacent to Parcel C-2 10' In addition to the residential building setbacks detailed above, the following permitted Accessory Structures shall adhere to specific setbacks: • Pool Deck: 5' from any Parcel and/or Right -Of -Way line • Exterior Community Kitchen: 12' from any Parcel and/or Right -Of -Way line • Fences: <1' from any Parcel and/or Right -Of -Way line and a minimum of 4' from any Vehicular Travel Lane • Dumpster and Recycling Enclosures: 10' from any Parcel or Right -Of -Way line • Trash Compactor Enclosures: 10' from any Parcel or Right -Of -Way line The following items including directional signage; benches; trash receptacles; bicycle racks; street lights; decorative planters; and public artwork have no setbacks required. Placement of such items must be done in accordance with vehicular right-of-way safe -sight and separation distance requirements. The general location of such items shall be shown on the PD Plan. Commercial In accordance with the PD Plan, commercial Parcels C-1 and C-2 shall have the following setbacks: Building Setback Chart For Platted Parcels C-1 and C-2 Setback Location Minimum Standard Street N.W. 57th Street 170' Street N.W. 91st Avenue 5' Street West Commercial Boulevard 78' (T Mon. Signs) Side Adjacent to Wendy's Restaurant 82' Rear Adjacent to Public Park Parcel P-1 0' In addition to the commercial building setbacks detailed above, the following permitted Accessory Structures shall adhere to specific setbacks: • Fences: <1' from any Parcel and/or Right -Of -Way line and a minimum of 4' from any Vehicular Travel Lane • Dumpster and Recycling Enclosures: 15' from any Parcel or Right -Of -Way line The following items including directional signage; benches; trash receptacles; bicycle racks; street lights; decorative planters; and public artwork have no setbacks required. Placement of such items must be done in accordance with vehicular right-of-way safe -sight and separation distance requirements. The general location of such items shall be shown on the PD Plan. Park In accordance with the PD Plan, public park Parcels P-1 and P-2 shall have the following setbacks: Setback Chart For Platted Parcel P-1 Setback Location Minimum Standard Street N.W. 57th Street 5' Street N.W. 91st Avenue 0' Side / Rear Adjacent to Parcel C-1 5' Setback Chart For Platted Parcel P-2 Setback Location Minimum Standard Street N.W. 57th Street 20' Street N.W. 91st Avenue 20' Side / Rear Adjacent to Parcel C-2 20' RECREATION AREAS Project -Wide The Tamarac Village development will dedicate .75 AC. of private property to the City of Tamarac for the future development of a City Park in order to satisfy all recreation area dedication and/or payment requirements for this development. This park property will be dedicated to the City via plat. JKM will provide rough -graded parcels with all utilities stubbed out to the property boundaries of the park parcels. The City of Tamarac will be responsible for the completion of all remaining horizontal and vertical improvements. Residential The residential portion of Tamarac Village will include a .53 AC. recreation site with a private clubhouse and exterior amenity spaces. DENSITY. INTENSITY AND BUILDING COVERAGE The maximum gross residential density for Tamarac Village shall not exceed 15.63 D.U./AC. The maximum commercial intensity for Tamarac Village shall not exceed a Floor Area Ratio (FAR) of .062 based upon the net site area. The maximum residential building coverage for Tamarac Village is 21.4% based upon the net site area. LOT REQUIREMENTS The minimum required lot area required for development is .18 AC. The minimum lot width permitted for development is 65'. PERMITTED USES Residential In accordance with the PD Plan, the sole residential use permitted within Tamarac Village shall be multi- family residential. This use shall apply to Parcels A, B and D. In conjunction with this multi -family residential use, numerous Accessory Uses shall be permitted within the Clubhouse facility. These Accessory Uses are solely for the benefit of the project residents and include the following: • Private Clubhouse/Recreational Facility • Leasing Center / General Office • Fitness Area • Outdoor Kitchen • Spa (dedicated space for private massage services) • Repair / Maintenance Facility With Storage Commercial In order to ensure the viability of the 35,000 SF. lifestyle commercial center, permitted uses must be flexible. Specifically, traditional retail uses must be permitted in conjunction with store -front office uses, medical uses, institutional uses, and cultural uses for Parcels C-1 and C-2. Department Stores and other commercial uses with building footprints in excess of 20,000 SF. shall not be permitted. Note: *Indicates a Special Exception in accordance with Article IV, Exceptions and Modifications, Tamarac Code of Ordinances. At this time no additional Accessory Uses are requested for Parcels C-1 and C-2. RIGHT-OF-WAY STANDARDS Three (3) distinct right-of-way configurations were developed by the City of Tamarac and JKM for the Tamarac Village development as follows: • N.W. 57th Street 106' Right -of -Way • N.W. 57th Avenue 60' Right -of -Way • N.W. 915L Avenue 66' Right -of -Way N.W. 57t' Street 106' Right -of -Way The 106' right-of-way configuration for N.W. 57th Street utilizes the full width of the existing dedicated right-of-way. This configuration includes a median -divided road with two single 10' through lanes; 7' buffered bicycle lanes; forty-five degree on -street parking; 5' sidewalk with street furnishings; and a 6' landscape area. A full cross-section of this right-of-way is provided on the PD Plan. N.W. 91'T Avenue 66' Right -of -Way (North of N.W. 57`h Street) The 60' right-of-way configuration for section of N.W. 91' Avenue that is located north of N.W. 57' Street utilizes the full width of the existing dedicated right-of-way. This configuration includes a 24' two-lane roadway; 6' landscape areas; and 10' sidewalk areas with street furnishings and additional carved -out landscape areas. A full cross-section of this right-of-way is provided on the PD Plan. N.W. 91"Avenue 66' Right -of -Way (South of N.W. 57"' Street) The 66' right-of-way configuration for N.W. 91'L Avenue utilizes the full width of the existing dedicated right-of-way and an additional 8' of dedicated right-of-way on both the east and west sides. This configuration includes a median -divided road with two single 11' through lanes and 10' sidewalks with street furnishings and additional carved out landscape areas. A full cross-section of this right-of-way is provided on the PD Plan. ENVIRONMENTAL MITIGATION The Tamarac Village property consists of primarily vacant, non -vegetated land with minimal environmental significance. There are no wetlands, uplands or water bodies. Please refer to the Environmental Assessment for a full analysis of these parcels. MANAGEMENT AND MAINTENANCE OF DEVELOPMENT Tamarac Village will consist of a series of privately and publicly owned parcels. Residential Parcels A, B and D and Commercial Parcels C-1 and C-2 will be privately owned. Public Park Parcels P-1 and P-2 as well as all improved public rights -of -way will be managed and maintained by the City of Tamarac. The residential parcels and commercial parcels will be managed and maintained by their respective private property owners. EXHIBIT "B" Prepared by and Return to: Sam Goren City Attorney CITY OF TAMARAC 7525 NW 88t'Avenue Tamarac, Florida 33321-2401 TAMARAC VILLAGE ORDINANCE # 0-2018-02 PLANNED DEVELOPMENT (PD) MASTER DEVELOPMENT PLAN AGREEMENT The City of Tamarac, a Florida municipal corporation (the "City") and JKM Tamarac Village, LLC a Florida limited liability company (the "Developer"), hereby covenant and agree, and bind their successors, and assigns as follows. 1. OWNERSHIP OF THE PROPERTY This Planned Development, commonly known as "TAMARAC VILLAGE" involves 17.263 acres of land which is legally described on "Exhibit "A" attached hereto, and shall henceforth be referred to as the "Property" or "Tamarac Village". The Property is under the unified control of the Developer. The Developer or his successor shall maintain unified control of the Property until after construction and the issuance of certificate of occupancy of Phase III. 2. DEVELOPMENT CONCEPT AND PLANNING OBJECTIVES The Tamarac Village PD Plan is consistent with the City's Comprehensive Plan and Land Development Regulations. Tamarac Village will be developed as a mixed -use development that complement uses through building design and street orientation. Transportation linkages among both on -site and off -site uses will be facilitated through the uses of pedestrian, bicycle and vehicular connections, shared access points and shared parking, to create a new public gathering space and central district for the City. The new housing stock provided will be marketed to and targeted for a variety of demographic groups, including active retirees, "empty nesters" and young professionals. 3. PLANNED DEVELOPMENT AGREEMENT AND MASTER DEVELOPMENT PLAN Development of the Property shall be controlled by the terms and provisions of this Planned Development Agreement (the "PD Agreement") and the Master Development Plan (the "PD Plan"), attached hereto as Exhibit "B". The PD Plan generally depicts the planned layout of streets, lots, common areas and other planned features or improvements to the Property. Collectively, this PD Agreement and the PD Plan for the Property may be referred to as the "Plan". In the event a conflict between the terms and provisions of the PD Agreement and the graphic illustrations of the PD Plan, the PD Agreement shall control. If the PD Agreement is silent regarding a particular subject or requirement, such silence shall not be construed as a conflict with the PD Plan. Except as otherwise provide in this PD Agreement, the requirements of the PD Plan shall control a conflict between the terms and provisions of the PD Plan and the City's Ordinances, the requirements of the PD Plan shall control. If the PD Plan fails to address a particular subject or requirements, the requirements of the applicable Land Development Regulations in effect at the time of development prevail. Page 1 of 12 EXHIBIT "B" ORDINANCE # 0-2018-02 4. PERMITTED USES The Property shall be used and developed as follows: A. Residential 401 total multi -family residential units in Parcels A, B and D. In conjunction with this multi -family residential use, the following Accessory Uses shall be permitted for the benefit of the project residents. • Private Clubhouse/Recreational Facility • Leasing Center / General Office • Fitness Area • Outdoor Kitchen • Spa (dedicated space for private massage services) • Repair / Maintenance Facility with Storage B. Commercial In order to ensure the viability of the approximately 44,000 SF. lifestyle commercial center, permitted uses must be flexible. Specifically, traditional retail uses must be permitted in conjunction with store -front office uses, medical uses, institutional uses, and cultural uses for Parcels C-1 and C-2. Department Stores and other commercial uses with building footprints in excess of 18,568 SF. shall not be permitted. The following chart provides a list of all commercial uses that will be permitted within Tamarac Village: PRINCIPAL USES TABLE RETAIL AND COMMERCIAL PERSONAL SERVICES Antique shop Bank/financial institution w/o drive through Bakery Barber/beauty shops Barber/Beauty supplies and equipment sales Clinic, medical or dental Bicycle sales and repair Date processing service Bookstore Express or parcel delivery office Clothing and accessories store Health, fitness, weight reduction, and spa Department store Laundry and dry-cleaning pickup station Drugstore or pharmacy, general Locksmith Floral or florist shop Mail and packing store, private Fruit and vegetable market Personal services Gift and card shop Picture framing Grocery store, retail Photo studio and processing Hardware, paint, glass, wallpaper and floor covering store Print sho Hobby, fabric and craft shop Shoe repair Page 2 of 12 EXHIBIT "B" ORDINANCE # 0-2018-02 Jewelry store, including repair of jewelry and clocks Studio, instructional Nightclub, bar or lounge* Studio, professional Pet grooming shop Tailor shop Pottery shop Travel a enc Restaurant Retail, general Showroom, general CULTURAL, ENTERTAINMENT & RECREATIONAL Art gallery and museum, public or private OFFICE USES Park, public Interior Design, including sales Recreation center, public Office, medical or dental Recreation, commercial - indoor Office, professional and business Optical, optician or optometrist offices PUBLIC AND INSTITUTONAL Government uses Post Office Post office, accessory Note: *Indicates a Special Exception in accordance with Article IV, Exceptions and Modifications, Tamarac Code of Ordinances. 5. COMMUNITY BENEFITS & IMPACT FEES In order to compensate for added development flexibility under the PD District, Tamarac Village will provide the following community benefits and impact fees: • A .75 acre Public Park and $517,870 fee paid on a per -unit basis of $1,291.45 at the time of building permit issuance for individual building. • Public Art Impact Fee equating to 1 % of construction value paid at building permit issuance. • Affordable Housing Impact Fee of $240,500 paid on a per -unit basis of $600 at the time of building permit issuance for individual building. • Traffic Mitigation Fee for the Local Activity Center calculated at $121.12/PM peak hour trip collected by the City at building permit issuance for delivery to the County. • Water and Sewer Fees will be collected under a separate agreement with the Public Services Department. • Improved streetscapes for N.W. 57' Street and N.W. 91st Street that include paver sidewalks, pedestrian lighting, street furnishings, and enhanced landscaping • Pedestrian, bicycle and vehicular linkages to the overall circulation infrastructure of the City of Tamarac • Creation of over $100,000,000.00 worth of new, taxable real estate development within the city of Tamarac. Page 3 of 12 EXHIBIT "B" ORDINANCE # 0-2018-02 6. PUBLIC UTILITIES AND FACILITIES Public electricity, telephone, gas, water and sanitary sewer service ("Public Utilities") shall be provided by the Developer to all lots in the Project. Public Utilities shall be installed and maintained underground as required by the City. Prior to the issuing of any foundation or building permits for the Project, the Developer shall provide all public easements reasonably necessary, in such locations approved in advance by the relevant utility service provider and the City. All reasonable necessary easements for water and sanitary sewer shall be granted to the City. The following public facilities will be serving the development: Solid Waste Management_ Provided by the City of Tamarac Public Services Department through current subcontractor Waste Management of Florida, Inc. Fire Protection and EMS Services: Provided by the City of Tamarac Fire Rescue Department. The closest fire station that will service Tamarac Village is Fire Station 15 located at 6000 Hiatus Road, Tamarac, FL 33321. Police Protection: Provided by the Broward County Sheriff's Office, Tamarac District located at 7515 Pine Island Road, Tamarac, FL 33321. Schools: Provided by The School Board of Broward County. The specific schools that will serve Tamarac Village include: Challenger Elementary Millennium Middle School J.P. Taravella High School 5703 NW 94th Ave. 5803 NW 94' Ave. 10600 Riverside Drive Tamarac, FL 33321 Tamarac, FL 33321 Coral Springs, FL 33071 Parks and Recreation: Provided by the City of Tamarac Parks system. Specific parks and recreation facilities that will service Tamarac Village include: Caporella Park 5200 W. Prospect Road Tamarac, FL 33321 Sunset Point Park 11000 W. McNab Road Tamarac, FL 33321 Mainlands Park 4500 Monterey Drive Tamarac, FL 33321 Tephford Park 10003 Southgate Boulevard Tamarac, FL 33321 Tamarac Sports Complex 9901 NW 77th Street Tamarac, FL 33321 Storm Water Management: Provided via outfall to the 100' wide canal located adjacent to the north property line of Tamarac Village. This 100' wide canal connects to the C-14 drainage canal located along Southgate Boulevard and is included within the City of Tamarac Master Water Management Permit (06-00072-S). Additional water storage, either dry or wet, will be constructed on the city owned Colony West Golf Course and/or the city owned FPL easement area located adjacent to Southgate Boulevard. Underground Utilities: All onsite utilities shall be installed underground: Electricity: Provided by Florida Power & Light Water & Sewer. Provided by the City of Tamarac Water Services Department Telecommunications: Provided by Hotwire, AT&T and/or Comcast Gas: Provided by the City of Sunrise Gas Department Page 4 of 12 EXHIBIT "B" ORDINANCE # 0-2018-02 7. PHASING Tamarac Village will be constructed in three (3) primary phases. Phase I includes the construction of the private residential clubhouse, residential buildings numbers 1 — 7 and the two Public Park Parcels. A total of 211 units will be constructed in this phase. The anticipated commencement of construction is 2Q2018. Construction is anticipated to take 18 months. Phase II includes the construction of residential buildings 8 -13 and R.O.W. improvements for NW 57th Street and NW 9111 Avenue. A total of 190 units will be constructed. The anticipated commencement of construction is 1 Q2019. Construction is anticipated to take 18 months. Phase III includes the construction of commercial buildings 1 — 3 and R.O.W. improvements for NW 91s' avenue. A total of 35,000 SF. of commercial will be constructed. The anticipated commencement of construction is 3Q2019. Construction is anticipated to take 12 months. 8. VEHICULAR PARKING STANDARDS A. Residential All parking required to meet the direct occupant needs for each residential unit shall be provided on -site via a combination of the following means: • Individual Private Garages • Driveway Spaces • Off -Street Parking Lot Spaces • Off -Street Motorcycle Spaces All individual private garages shall be restricted to vehicular parking only by the Lease Agreement. No more than 17.2% of such required parking shall be provided by individual private garages. Guest parking for the residential units will be accommodated by off-street parking spaces located on NW 57th Street. The PD Plan shall designate those on -street parking spaces that will accommodate guest parking via the abbreviated designation of "GR." Parking within these public right-of-way spaces shall be permitted 24 hours per day for up to a 24-hour period. All "GR" spaces will be monitored by a third -party parking management company that will assure that no guest vehicles remain within the same parking space in excess of 24 hours. If a vehicle violates this policy, it will be ticketed with a 24-hour warning notice to relocate. If the vehicle does not relocate, then it will be towed at the owner's expense. Signage will be provided adjacent to the "GR" parking spaces that indicate the 24-hour maximum parking rule. The multi -family residential (apartments) parking standards for Tamarac Village shall be as follows: Residential Vehicular Parking Standards for Tamarac Village Unit Type Parking Standard 1 Bedroom Unit 1.5 SP. / D.U. 2 Bedroom Unit 2 SP. / D.U. 3 Bedroom Unit 2 SP. / D.U. Page 5 of 12 EXHIBIT "B" ORDINANCE #t 0-2018-02 Guest Pa king 14.6% of Total Required Parkin Clubhouse Parking 1 SP. / 635 SF. B. Commercial All parking required to meet the parking needs for the commercial uses within Tamarac Village shall be provided both on -site and off -site via a combination of the following means: • Off -Street Parking Lot Spaces • On -Street Parking Spaces The PD Plan shall designate those on -street public parking spaces that will accommodate commercial uses via the abbreviated designation of "CP." Parking within these public right-of-way spaces shall be permitted 24 hours per day. The commercial parking standards for Tamarac Village shall be as follows: Commercial Vehicular Parking Standards for Tamarac Village Use Type Parking Standard General Retail 1 Space per 300 A/C SF. General Office 1 Space per 300 A/C SF. Sit -Down Restaurant 1 Space per 100 A/C SF. Exterior Dining 1 Space per 100 Gross SF. Parking standards for the specific commercial uses that are not contemplated by the above chart shall be in accordance with the City of Tamarac Land Development Code. Handicap Parking Vehicular handicap parking shall be provided in accordance with the City of Tamarac Land Development Code and the Florida Accessibility Code. 9. BICYCLE PARKING STANDARDS Tamarac Village will provide bicycle parking spaces for both residential and commercial uses in accordance with the following minimum standards: Bicycle Parking Standards for Tamarac Village Use/Location Parking Standard Residential Units 1 SP. per 4.6 D.U. Commercial 1 SP. per 1,837 Gross SF. 10. LANDSCAPE BUFFER STANDARDS Commercial Boulevard Right -of -Way Landscape Buffer An average ten foot (10') wide right-of-way landscape buffer shall be provided adjacent to the Commercial Boulevard right-of-way. The minimum width of this landscape buffer shall be four feet (4'). Page 6 of 12 EXHIBIT "B" ORDINANCE #f 0-2018-02 N.W. 94t' Avenue Right -of -Way Landscape Buffer An average ten foot (10') wide right-of-way landscape buffer shall be provided adjacent to the N.W. 94t" Avenue right-of-way. The minimum width of this landscape buffer shall be five feet (5'). Perimeter Landscape Buffer (Adjacent to 100' Canal, Fo Guang Shan Miami Temple Active Senior Living Residence, and Wendy's Restaurant) An average ten foot (10') wide perimeter landscape buffer shall be provided along these perimeter property lines. The minimum width of this landscape buffer shall be eight feet (8'). N.W. 57r" Street & N.W. 91st Ave. Right -of -Way Landscape Buffers Landscape buffers are not required along these rights -of -way in order to encourage street -front buildings and pedestrian circulation. Pedestrian scale landscaping is provided which includes: foundation plantings with tiered shrub layers including ground covers, privacy screen hedges for ground floor apartments, and hardscape provided including special pavement with tree wells for large palm trees lining walkways and rights -of -way. 11. SPECIAL LANDSCAPE STANDARDS Shade Trees Tamarac Village will provide a minimum of 48% of the required trees as shade trees and not 50% of the required trees as shade trees due to the urban nature of the development. Palm trees and other materials are more appropriate due to scale and planting environment. Commercial Boulevard Right -of -Way Landscape Street Trees Required plantings for the Commercial Boulevard right-of-way street trees may be located a maximum amount of 12' within the property from the right-of-way. Shade trees, small trees and palm trees may be utilized for street trees. Palm Trees Tamarac Village will provide a minimum of 16% palm trees. Landscape Islands Landscape islands and terminus islands at the end of parking rows shall be a minimum of 5 feet in width. Landscape islands are required for every 12 consecutive parking spaces or less. Landscape islands and terminus islands ant the end of parking rows shall either have shade trees, small trees or palm trees. No tree is required in landscape islands and terminus islands where area is reduced to not allow for proper tree species planting or containing a fire hydrant. Pedestrian Zone Landscape Widths (ie: Foundation Plantings) Pedestrian zone landscape widths for all residential buildings, commercial buildings, clubhouses, and garage buildings may be reduced in size as shown on the PD Plan in order to encourage creative, multi -layered landscaping. Building Facade Landscape A total of 1 tree per every 30 lineal feet of fagade is required adjacent to the primary frontage as well as the vehicular use area. These trees may be located adjacent to all building facades including ones that do not face vehicular use areas. Shade trees, small trees and palm trees may be utilized for pedestrian zone trees. Page 7 of 12 EXHIBIT "B" ORDINANCE # 0-2018-02 Impervious Area. The maximum impervious area allowed for the development is 12.62 AC. Pervious Area. The minimum pervious area required for the development is 3.61 AC. 12. BUILDING HEIGHTS A. Residential The multi -family residential buildings at Tamarac Village shall be limited to four (4) stories with an overall maximum vertical height (inclusive of architectural features and appurtenances) of sixty (60) feet measured from the Finished Floor Elevation (FIFE) of each building pad. The residential buildings reflected within this PD Agreement currently show an overall maximum height of forty-eight feet two inches (48'-2"). The multi -family residential clubhouse building(s) shall be limited to two (2) stories with an overall maximum vertical height (inclusive of architectural features and appurtenances) of forty (40) feet measured from the Finished Floor Elevation (FIFE) of the building pad. The clubhouse reflected within this PD Agreement currently show an overall maximum height of thirty-five (35) feet. Residential Accessory Structures shall be limited to a maximum vertical height of up to 50% of the permitted overall maximum building vertical height of sixty (60) feet (inclusive of architectural features and appurtenances) as measured from the Finished Floor Elevation (FFE). B. Commercial The commercial buildings at Tamarac Village shall be limited to one (1) story with an overall maximum vertical height (inclusive of architectural features and appurtenances) of forty (40) feet measured from the Finished Floor Elevation (FIFE) of each building pad. The commercial buildings reflected within this PD Agreement currently show an overall maximum height of thirty-six (36) feet. Commercial Accessory Structures shall be limited to a maximum vertical height of up to 50% of the permitted overall maximum vertical height of thirty-six (36) feet (inclusive of architectural features and appurtenances) as measured from the Finished Floor Elevation (FFE). 13. SETBACKS A. Residential In accordance with the PD Plan, residential Parcels, A, B and D shall have the following setbacks: Residential Building Setbacks Chart for Platted Parcel A Setback Location Minimum Standard Street N.W. 57th Street 15' (5' Mon. Signs) Street N.W. 91st Avenue 5' Page 8 of 12 EXHIBIT "B" ORDINANCE # 0-2018-02 Rear 1 00'Wide Canal 20' Side Fo Guanq Shan Miami Temple 20' Residential Building Setbacks Chart for Platted Parcel B Setback Location Minimum Standard Street N.W. 57th Street 15' 5' Mon. Signs) Street N.W. 91st Avenue 5' Rear 1 00'Wide Canal 65' Side I Active Senior Living Residence 115' Residential Building Setbacks Chart for Platted Parcel D Setback Location Minimum Standard Street N.W. 57th Street 5' Street N.W. 94th Avenue 62' Street West Commercial Boulevard 25' 5' Mon. Signs) Side Adjacent to Parcel C-2 10' In addition to the residential building setbacks detailed above, the following permitted Accessory Structures shall adhere to specific setbacks: • Pool Deck: 5' from any Parcel and/or Right -Of -Way line • Exterior Community Kitchen: 12' from any Parcel and/or Right -Of -Way line • Fences: <1' from any Parcel and/or Right -Of -Way line and a minimum of 4' from any Vehicular Travel Lane • Dumpster and Recycling Enclosures: 10' from any Parcel or Right -Of -Way line • Trash Compactor Enclosures: 10' from any Parcel or Right -Of -Way line The following items including directional signage; benches; trash receptacles; bicycle racks; street lights; decorative planters; and public artwork have no setbacks required. Placement of such items must be done in accordance with vehicular right-of-way safe -sight and separation distance requirements. The general location of such items shall be shown on the PD Plan. B. Commercial In accordance with the PD Plan, commercial Parcels C-1 and C-2 shall have the following setbacks: Commercial Building/AccessoryBuilding/Accessory Structures Setback Chart for Platted Parcel C-1 Setback Location Minimum Standard Street N.W. 57th Street 70' Street N.W. 91 st Avenue 0' Street West Commercial Boulevard 79' 5' Mon. Signs) Side Adjacent to Wend 's Restaurant 82' Rear Adjacent to Public Park Parcel P-1 0' Commercial Building/Accessory Structures Setback Chart for Platted Parcel C-2 Setback Location Minimum Standard Street N.W. 57th Street 170' Street N.W. 91st Avenue 0' Page 9 of 12 ORDINANCE # 0-2018-02 Street West Commercial Boulevard 32' Side Adjacent to Parcel D 41' Rear Adjacent to Public Park Parcel P-2 73' In addition to the commercial building setbacks detailed above, the following permitted Accessory Structures shall adhere to specific setbacks: • Fences: <1' from any Parcel and/or Right -Of -Way line and a minimum of 4' from any Vehicular Travel Lane • Dumpster and Recycling Enclosures: 15' from any Parcel or Right -Of -Way line The following items including directional signage; benches; trash receptacles; bicycle racks; street lights; decorative planters; and public artwork have no setbacks required. Placement of such items must be done in accordance with vehicular right-of-way safe -sight and separation distance requirements. The general location of such items shall be shown on the PD Plan. C. Park In accordance with the PD Plan, public park Parcels P-1 and P-2 shall have the following setbacks: Building Setback Chart for Platted Parcels P-1 and P-2 Setback Location Minimum Standard Street N.W. 57th Street 5' Street N.W. 91 st Avenue 0' Side / Rear Adjacent to Parcels C-1 and C2 5' 14. RECREATION AREAS A. Project -Wide The Tamarac Village development will dedicate 0.75 AC. of private property to the City of Tamarac for public park land and will provide payment in lieu of additional land dedication in order to satisfy the 1.0426 acres of public park dedication required for this development. A monetary payment of $517,870.00 will be made by Tamarac Village for the 0.2926 acres difference. This payment will be made to the City of Tamarac in accordance with the Community Benefits and Impact Fees provision outlined and paragraph 5. Park construction shall only include the installation of irrigation stub -outs to the property lines, grading (within 2" of finished grade) and sodding of the property and shall not include the construction of additional improvements, facilities or landscaping. The construction of the park property shall be completed no later than the time when a certificate of occupancy is received for the seventh (7th) building. B. Residential The residential portion of Tamarac Village will include a .53 AC. recreation site with a private clubhouse and exterior amenity spaces. Page 10 of 12 EXHIBIT "B" ORDINANCE # 0-2018-02 15. DENSITY, INTENSITY AND BUILDING COVERAGE The maximum gross residential density for Tamarac Village shall not exceed 15.63 D.U./AC. The maximum individual residential building size is 65,416 SF. The maximum commercial intensity for Tamarac Village shall not exceed a Floor Area Ratio (FAR) of .062 based upon the net site area. The maximum individual commercial building size is 18,568 SF. 16. LOT REQUIREMENTS The minimum required lot area required for development is .18 AC. The minimum lot width permitted for development is 38.09'. 17. RIGHT-OF-WAY STANDARDS Three (3) distinct right-of-way configurations were developed by the City of Tamarac and JKM for the Tamarac Village development as follows: • N.W. 57th Street 106' Right -of -Way • N.W. 57th Avenue 60' Right -of -Way • N.W. 91It Avenue 66' Right -of -Way A. N.W. 57t" Street 106' Right -of -Way The 106' right-of-way configuration for N.W. 57th Street utilizes the full width of the existing dedicated right-of-way. This configuration includes a median -divided road with two single 10' through lanes; 7' buffered bicycle lanes; forty-five degree on -street parking; 5' sidewalk with street furnishings; and a 6' landscape area. A full cross-section of this right-of- way is provided on the PD Plan. B. N.W. 9111 Avenue 66' Right -of -Way (North of N.W. 57t" Street) The 60' right-of-way configuration for section of N.W. 91 It Avenue that is located north of N.W. 57th Street utilizes the full width of the existing dedicated right-of-way. This configuration includes a 24' two-lane roadway; 6' landscape areas; and 10' sidewalk areas with street furnishings and additional carved -out landscape areas. A full cross-section of this right-of-way is provided on the PD Plan. C. N.W. 9111 Avenue 66' Right -of -Way (South of N.W. 57th Street) The 66' right-of-way configuration for N.W. 9111 Avenue utilizes the full width of the existing dedicated right-of-way and an additional 8' of dedicated right-of-way on both the east and west sides. This configuration includes a median -divided road with two single 11' through lanes and 10' sidewalks with street furnishings and additional carved out landscape areas. A full cross-section of this right-of-way is provided on the PD Plan. 18. MANAGEMENT AND MAINTENANCE OF DEVELOPMENT Tamarac Village will consist of a series of privately and publicly owned parcels. Residential Parcels A, B and D and Commercial Parcels C-1 and C-2 will be privately controlled and/or owned. Public Park Parcels P-1 and P-2 as well as all improved public rights -of -way will be managed and maintained by the City of Tamarac. The residential parcels and commercial parcels will be managed and maintained by their respective private property owners. Page 11 of 12 EXHIBIT "B" ORDINANCE # 0-2018-02 19. RECORDING AND BINDING EFFECT The obligations under this PD Agreement are covenants that permanently run with the land, and shall bind all successors in title as to the Property (as well as any and all portions thereof), including, but not limited to, successor developer(s) and the purchasers and owners of any individual lot, parcel, or unit within the Property. It is the parties' intent that this PD Agreement will be recorded in the Public Records of Broward County, Florida. The Developer is responsible for all costs associated with recording the PD Agreement. A copy of the recorded PD Agreement shall be submitted to the City. WITNESSES: Name: Name: /4yan% 1?g Executed as of the day and year first written above. CITY: The City �o, of Ta A FIoeiaii un Name: Title: DEVELOPER: JKM Tamarac Village, LLC, a Florida limited liability company By: JKM Tamarac Village Capital, LLC, a Florida limited liability company, its Manager By: ldj,- F--- Adam P. Freedman, Manager Page 12 of 12 �b ?00 i 312 r'-1