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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2018-010Temp. Ordinance No. 2382 June 13, 2018 Page 1 of 4 CITY OF TAMARAC, FLORIDA p ORDINANCE NO. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR, VICE -MAYOR, OR CITY MANAGER OF THE CITY OF TAMARAC, FLORIDA, ON BEHALF OF THE CITY, TO EXECUTE AND TO OTHERWISE ENTER INTO AN AMENDED AND RESTATED PLANNED DEVELOPMENT MASTER PLAN AGREEMENT BETWEEN THE CITY OF TAMARAC AND JKM TAMARAC VILLAGE, LLC., ATTACHED HERETO AS EXHIBIT "B', FOR THE DEVELOPMENT OF 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" WITHIN THE CITY OF TAMARAC, MORE LEGALLY DESCRIBED IN EXHIBIT "A"; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO DO ALL THINGS NECESSARY TO EFFECTUATE THE INTENT OF THIS ORDINANCE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Tamarac City Commission ("City"), hereby finds that development of property for residential and commercial uses within the City is desired, and that residential and commercial development provides for an increased tax base, improved property values, and a more positive community appearance; and WHEREAS, pursuant to the City of Tamarac Code of Ordinances Division 27, Sections 24-542 through 24-545, the City Commission entered into a Planned Development Master Plan Agreement with JKM Tamarac Village, LLC., on Mach 28, 2018 by the approval of Ordinance 2018-02; and WHEREAS, Section 24-545 provides for the ability to amend previously approved Planned Development Plan and Agreement, by mutual consent of the parties to the agreement or by their successors in interest; and {00017882.DOCX } Temp. Ordinance No. 2382 June 13, 2018 Page 2 of 4 WHEREAS, JKM Tamarac Village, LLC., and the City seek to amend and restate the Planned Development Master Plan Agreement to incorporate and further clarify certain construction obligation as it relates to the Tamarac Village Park and Phasing Schedule; and WHEREAS, the Amended and Restated Planned Development Master Plan Agreement, which is attached hereto as Exhibit "B", and incorporated herein by reference, outlines a plan and certain obligations associated with the construction and phasing of the 75-acre public park component of the project and is being entered by mutual consent; and WHEREAS, pursuant to the requirements of Chapter 163, Florida Statutes, the City has conducted the two (2) duly noticed public hearings relating to the consideration of the Amended and Restated Planned Development Master Plan Agreement, and, WHEREAS, the Director of Community Development recommends approval of the proposed Amended and Restated Planned Development Master Plan Agreement; and WHEREAS, the City Commission finds that the approval of the Amended and Restated Planned Development Master Plan Agreement is in the best interest of the health, safety, and welfare of the citizens and residents of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct, and are incorporated herein by this reference. All exhibits attached hereto are incorporated herein and made a specific part of this Ordinance. (00017881DOU ) Temp. Ordinance No. 2382 June 13, 2018 Page 3 of 4 Section 2. Pursuant to the City of Tamarac Code of Ordinances Division 27, Sections 24-542 through 24-545, the City Commission hereby approves the Amended and Restated Planned Development Master Plan Agreement between the City of Tamarac and JKM Tamarac Village, LLC., which is attached hereto as Exhibit "B", and authorizes the Mayor, Vice -Mayor, or City Manager to execute the Amended and Restated Planned Development Master Plan Agreement. Section 3. The Amended and Restated Planned Development Master Plan Agreement shall take effect upon adoption. Section 4. The City Clerk shall record a certified copy of this Ordinance and the Amended and Restated Planned Development Master Plan Agreement in the Public Records of Broward County, Florida, at the expense of JKM Tamarac Village, LLC. Section 5. The City Commission hereby authorizes and directs the appropriate City Officials to do all things necessary and expedient to effectuate the intent of this Ordinance. Section 6. All Ordinances inconsistent or in conflict herewith shall be and are hereby repealed insofar as there is conflict or inconsistency. Section 7. If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. {00017882.DOCX } Temp. Ordinance No. 2382 June 13, 2018 Page 4 of 4 Section 8. This Ordinance shall become effective upon its passage and adoption by the City Commission. PASSED, FIRST READING this day of , 2018. 61/ PASSED, SECOND READING this /( A T: PATRICIA TUEF MC CITY CLERK I HEREBY CERTIFY that I have approved this ORDINANCE as to form: MUEL S. GOREN CITY ATTORNEY day of 9, 2018. BY: MAYOR HARRY DRESSLER RECORD OF COMMISSION VOTE: 1ST Reading MAYOR DRESSLER & 'a" 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 100017882.DOCX } 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 NO. 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 FEETTO 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. EXHIBIT "B" ORDINANCE # Prepared by and Return to: Sam Goren City Attorney CITY OF TAMARAC 7525 NW 88'Avenue Tamarac, Florida 33321-2401 AMENDED AND RESTATED TAMARAC VILLAGE 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 13 EXHIBIT "B" ORDINANCE # 4. AMENDMENTS All amendments of the Planned Development Agreement and Master Development Plan, other than those deemed by the Community Development Department to be minor amendments as set out in the Land Development Code, shall require the review and approval of the City Commission in the same manner as a rezoning of the parcel. 5. 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, ands a Department store Laundryand dry-cleaning icku 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 Page 2 of 13 EXHIBIT "B" ORDINANCE # Grocery store, retail Photo studio and processing Hardware, paint, glass, wallpaper and floor covering store Print sho Hobby, fabric and craft shop Shoe repair 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. 6. 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. • 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 Impact Fee to be collected by separate Developer's Agreement with the City. • Sewer Impact Fee to be collected by separate Developer's Agreement with the City. • Improved streetscapes for N.W. 57th 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 Page 3 of 13 EXHIBIT "B" ORDINANCE # • Creation of over $100,000,000.00 worth of new, taxable real estate development within the city of Tamarac. 7. 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 5703 NW 94' Ave. 5803 NW 94' Ave. Tamarac, FL 33321 Tamarac, FL 33321 J.P. Taravella High School 10600 Riverside Drive 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 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 Page 4 of 13 EXHIBIT "B" ORDINANCE # Telecommunications: Provided by Hotwire, AT&T and/or Comcast Gas: Provided by the City of Sunrise Gas Department 8. PHASING Tamarac Village will be constructed in three (3) primary phases. Phase I includes the construction of the private residential clubhouse and residential buildings numbers 1 — 7. A total of 211 units will be constructed in this phase. The anticipated commencement of construction is 3Q2018. Construction is anticipated to take 18 months. Phase II includes the construction of residential buildings 8 -13, R.O.W. improvements for NW 57th Street and NW 91 It Avenue and the .75-acre Public Park. A total of 190 units will be constructed. The anticipated commencement of construction is 2Q2019. 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 44,090 SF. of commercial will be constructed. The anticipated commencement of construction is 4Q2019. Construction is anticipated to take 12 months. 9. 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: Page 5 of 13 EXHIBIT "B" ORDINANCE # 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 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. 10. 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. Page 6 of 13 EXHIBIT "B" ORDINANCE # 11. 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. 94' 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. 94th 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 Livinq 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. 57t" Street & N.W. 91stAve. 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. 12. 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) Page 7 of 13 EXHIBIT "B" ORDINANCE # 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. Buildinq 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. 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. 13. 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 (FFE) 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 (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). 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 (FFE) 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). Page 8 of 13 EXHIBIT "B" ORDINANCE # 14. 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. 91 st Avenue 5' Rear 1 00'Wide Canal 20' Side I 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. 91 st Avenue 5' Rear 1 00'Wide Canal 65' Side I Active Senior Living Residence 115' Residential Buildina 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: Page 9 of 13 EXHIBIT "B" ORDINANCE # 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. 91st 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/AccessoryBuilding/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' 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' 15. RECREATION AREAS A. Project -Wide The City of Tamarac Code of Ordinances requires the Developer to dedicate 1.0426 acres of private land for public parks. The Developer will dedicate 0.75 acres of private land for public parks. In lieu of the .2926 acres that are required for dedication, the Developer will construct the public park improvements. No additional park impact fee payments above and beyond the costs of park construction as detailed below, will be required. The construction of the public park improvements, also known as the Tamarac Village Park, must be substantially Page 10 of 13 EXHIBIT "B" ORDINANCE # completed, as determined by the engineer of record, prior to the issuance of the third Certificate of Occupancy for the third residential building within Phase II. The Tamarac Village Park will be constructed in accordance with the information provided in items (a) and (b) below, unless otherwise agreed to in writing by both the Developer and the City of Tamarac: a. Conceptual Site Plan prepared by CPZ Architects, Inc., Sheet SD-2, dated 11/16/2017; and b. Detailed Cost Estimate prepared by Construction Management Services, Inc., dated 5/11 /2018. The Developer shall rely upon the documents specified within items (a) and (b) above as provided by the City of Tamarac in order to develop all construction documentation. The Developer will construct Tamarac Village Park pursuant to the following conditions: a. Any grants obtained by the city of Tamarac for the Tamarac Village Park shall be applied towards park construction costs; and c. The city of Tamarac is responsible for any increased costs associated with the addition, deletion or modification of the Site Plan prepared by CPZ Architects, Inc., Sheet SD-2, dated 11/16/2017, and/or the Detailed Cost Estimate prepared by Construction Management Services, Inc., dated 5/11/2018, unless otherwise agreed to in writing by The Developer and the City of Tamarac. B. Residential The residential portion of Tamarac Village will include a .53 AC. recreation site with a private clubhouse and exterior amenity spaces. 16. 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. 17. LOT REQUIREMENTS The minimum required lot area required for development is .18 AC. The minimum lot width permitted for development is 38.09'. 18. 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. 57' Street 106' Right -of -Way • N.W. 57t" Avenue 60' Right -of -Way • N.W. 911tAvenue 66' Right -of -Way A. N.W. 571h Street 106' Right -of -Way Page 11 of 13 EXHIBIT "B" ORDINANCE # 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. 91" Avenue 66' Right -of -Way (North of N.W. 57r" Street) The 60' right-of-way configuration for section of N.W. 915t 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. C. N.W. 91s' Avenue 66' Right -of -Way (South of N.W. 57t" Street) The 66' right-of-way configuration for N.W. 91 st 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. 19. 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. 20. 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. Page 12 of 13 EXHIBIT "B" ORDINANCE # the day and year first written above. 0 WITNESSES: ; �5 ���Pe. ?CITY: The City of Tamarac, Florida Name' ``f A Flor' '` uni c� `" a ion Warne: ame: ►° ,.— Title: C `, -c 1 ACV vL-C ~ P,�`IJ R DEVELOPER: JKM Tamarac Village, LLC, a Florida limited liability company By: JKM Tamarac Village Capital, LLC, a FlorWs-1tffMad liability company, it,5Aanager 92 Page 13 of 13 John K,fillafkey, Manager No Text