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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1976-025Prpposed By: Planning Commission Temp. #369 Introduced By: G,/ram. _ March 10, 1976 Revised 3/24/76 Revised 3/30/76 Revised 4/20/76 Revised 4/23/76 Revised 4/27/76 Revised 4/29/76 CITY OF TAMARAC, FLORIDA Revised 4/30/76 ORDINANCE NO. ?& -a,S Revised 5/13/76 -" Revised 6/9/76 AN ORDINANCE REQUIRING FERAL SUBMISSION REQUIREMENTS AND APPROVAL PROCEDURES FOR SITE DEVELOPMENT PLANS PRIOR TO THE ISSUANCE OF A CONSTRUCTION, DEVELOPMENT AND/OR BUILDING PERMIT, WITH CERTAIN STATED EXCEPTIONS: PROVIDING CITY COUNCIL MOTION FOR APPROVING FINAL DEVELOPMENT SITE PLANS: PROVIDING REQUIREMENT'S FOR STAGED DEVELOPMENT'S AND FINAL DEVELOPMENT SITE PLANS FOR UNPLATTED PARCELS; PROVIDING APPLICATION SUBMISSION FEE REQUIREMENTS; PROVIDING PLANS FOR PUBLIC IMPROVEMENTS; PROVIDING FORMAL APPLICATION FOR CONSTRUCTION, DEVELOPMENT AND/OR BUILDING PERMITS; PROVIDING TIME LIMIT FOR FINAL SITE DEVELOPMENT PLANS; PROVIDING A SAVINGS CLAUSE; REPEALING ALL LAWS IN CONFLICT; PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 163, Part II of the Florida Statutes and Chapter 7, Article II, Division 1 of the Code of Ordinances of the City of Tamarac, Florida, have empowered the Planning Commission of the City of Tamarac, Florida, with the responsibility to review minimum development standards within Tamarac's jurisdiction; and WHEREAS, the Planning Commission of the City of Tamarac, Florida, has determined after extensive investigation that it is in the best interest of the City to repeal Ordinance Nos. 72-30, 73-42, 73-112, 74-6, 74-42, 75-3, 75-19, the same being Chapter 7, Article II, Division 1 - Site Plans of the Tamarac City Code; and WHEREAS, the City Council of the City of Tamarac is desirous of implementing the aforesaid objectives. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: Section 1: Chapter 7, Article IT, Division I Site Plan is Repealed and Shall Read As Follows: Section 2: Statement of Purpose. The purpose of this Ordinance is to clarify the requirements and assist in expediting the administrative review of applications for development in the City of Tamarac. In order for an applicant to adjust proposed development plans to applicable Ordinances and conditions, prior to the submission of extensive technical, engineering data, the review of development submissions shall be in two separate stages with an optional review of the site concept prior to the first stage. 1) The first stage (preliminary site development plan review) shall. consist of reviewing the overall physical layout without technical engineering information. 2) The second stage shall follow the Planning Commission's approval of the preliminary site development plan. The applicant then shall submit final site development plans technically describing all related site and off site informa- tion. 3) As an option prior to the first stage, applicants wishing to determine from Tamarac the feasibility of a proposed project may submit a concept site plan adhering to the requirements herein for discussion with the Planning Commission with staff review. Section 3: Definitions. INCLUSIONS: as used in these Regulations, words in the singular include the plural and those in the plural include the singular. The word "person" includes a corporation, unincorporated association, joint venture and partnership, as well as an individual. The word "may" is permissive; the word "shall" is mandatory and not merely directory. ABUTTING PROPERTY: any property that is immediately adjacent or contiguous to, the development. BENCH MARK: a securely set concrete or stone monument having a minimum cross -sectional dimension of four inches and a minimum length of twenty- four inches, into which a brass marker has been secured on which its elevation above MSL has been stamped or engraved and bearing the registration number of its surveyor or engineer. BUILDING: any roofed structure designed or built for the support, enclosure, shelter or protection of person, animals or property of any kind. OONSTRUCPION: as used in this ordinance shall mean the improvement, development or any change of the land from its virgin state or building, repairing or demolishing a structure and shall require a permit before any of the above actions or uses are begun. DEVELOPER: a person, or his agent, who is responsible for the planning, subsequent land improvements, and further development of a parcel of land. DEVELOPMENT: Improvement, use or change of use of a lot, parcel or tract of land for other than agricultural purposes. ENGINEERING DRAWINGS: drawings, specifications and calculations prepared and sealed by an engineer registered in the State of Florida which specifically describes such information as location, size and material of all on site and off site improvements necessary for the ultimate development of the project. IMPROVEMENTS, PRIVATE: development of the land for any use including but not limited to, the construction of a golf course, waterway, lake, rock pit, canal, filling, grading or dredging and building. IMPROVEMENTS, PUBLIC: any of the following; canals, bulkheads, curb -cuts, driveways, aprons, street pavement, with curb and gutters; sidewalks, public parking areas, alley pavement; water mains, sanitary sewers, storm drains, street name signs; landscaping; medians, median openings, sprinkling systems in the public right -of --way. S►Z SIDEWALK: a pedestrian walkway within the public road right-of-way or easement or on private property. SETBACK: the distance required to obtain minimum front, side or rear yard open space. SITE DEVELOPMENT PLAN: an instrument for the purpose of a developing land, parcels, lots, tracts, etc., required prior to receiving a construction, development and/or building permit. SITE DEVELOPMENT PLAN, ODNCEPT: an instrument for discussing the feasibility of a proposed project, with minimum drawings required. SITE DEVELOPMENT PLAN, PRELIMINARY: a tentative development plan, to scale and dimensioned, which shall be submitted to and approved by the Planning Commission prior to submission of final plans. SITE DEVELOPMENT PLAN, FINAL: a complete technical submission reviewed by the Planning Commission and approved by the City Council prior to filing for a construction, development and/or building permit. SUBDIVISION: a development of land into one or more lots, parcels or tracts adjacent to a public street or requiring the creation of a new street. SECTION 4: Site Development Plans - Required Submissions. A site development plan shall be required conforming to the requirements of this Ordinance prior to the initiation of any new construction, use or development of the land for public or private improvement, including grading, dredging and filling of the land for a golf course or any other use in any of the various zoning districts in the City of Tamarac, Florida, and no permits for any construction, development and/or building shall be issued until such site development plan is approved as provided hereunder and all required fees have been received by the City. PERMITTED EXCLUSIONS: It shall not be required to submit a site development plan in the following cases: a) For one (1) single family or one (1) two-family residence on a platted lot existing prior to the enactment of this Ordinance. b) For a change to the interior of an existing structure where no additional parking will be required. SECTION 4A: Site Development Plan -Optional Submission. It shall be optional for the applicant to submit a concept site development plan, with minimal data as provided hereunder, for the purpose of determining whether any major problems exist with the proposed design or use parameters for the contemplated project. Nine (9) copies of the plan shall be submitted for the Planning Commission's review showing location of the property, schematics of floor plans and elevations, density, drainage, and overall design of the project, accompanied by a payment of a concept review fee which shall be twenty (207c) of that fee charged for site plan review, provided, however, in no event shall the fee charged be less than $200, none of which shall be credited toward the site plan review fee, if any, IBM C to be paid at some future date by the applicant. The Planning Commission shall consider such a concept plan regarding its merits and no vested rights shall inure to the applicant as the result of the concept plan submission and review. SECTION 5: General Submission Procedures. PRELIMINARY SITE DEVELOPMENT PLAN The preliminary site development plan shall be filed with the Secretary of the Planning Commission conforming to the following requirements, with submission fees listed herein and completed application form, at least ten (10) days prior to the next regular meeting of the Planning Commission for its review and approval. PRELIMINARY SITE DEVELOPMENT PLAN REQUIREMENTS - The following information is required to be included on all preliminary site development plans (in scale) no less than 1" = 50' submitted on 24" x 36" sheets. REQUIRED INFORMATION a) Project title, north arrow and scale, name of developer and owner of record. b) Location sketch of property (min 1"=300' - 011), name of engineer and architect, or Planning Consultant. c) Existing zoning and zoning of abutting properties. d) Existing physical site features, including waterways, lakes, water canal courses, and drainage facilities. e) Location, dimensions and sizes with mspect to each other and to lot lines of all proposed buildings and structures (accessory and main), major excavations, proposed reservation for recreation areas (if applicable). f) Location and dimension of proposed walkways, curbcuts, parking and loading spaces, ramps, (slopes), curbs, seawalls, channeled ingress and egress. g) Proposed or existing streets (interior and abutting) with median, median cuts and stacking lanes (if any). h) Schematic location of adjacent buildings, drives and streets within 100' of property. i) Setbacks, building separation and all existing easements with dimensions. j) Location and height of all fences and utility structures, and all trash enclosures. k) Detached ground sign, (if any), and location. 1) The following tabulation, when applicable: 1. Site area (excluding all R.O.W. abutting the parcel.) (sq. ft. and acres) 2. Total Bldg. area -gross (sq. ft. and %) 3. Total Bldg. coverage -net (sq.ft. and %) 4. Total parking and drive area (sq.ft. and %) 5. Total landscaped open space (sq.ft. and %) 6. Total planned population (estimate) 7. a) Total units and density b) Total 1 bedroom c) Total 2 bedroom d) Total 3 bedroom e) Total others m) Submission documents: 1. A reproducible original site plan sheet or sheets. 2. Nine copies of site plan documents. 3. One copy of completed notarized application form. 4. A statement from the applicant stating whether the development: ■M a) will be constructed in one or more stages. b) will provide smoke detectors, etc. c) will provide the extent of auxillary fire protection equipment (i.e. sprinklers, standpipes and alarms) d) is planned for adult or family community e) (single and duplex family) will drain runoff directly to public right-of-way. For single family or duplex development e, j, k, and 1(3,4,5,6 & 7(b-e) shall not be applicable. A. The City Planner, City Engime r, Chief Building Official and Fire Chief shall review said plans and submit a written report of their comments to the Planning Commission at least seven days prior to their next regular meeting. The applicant may request copies of the administrative comments at the filing desk the Friday before the next regular Planning Commission meeting. B. The Planning Commission shall consider the plan at a public meeting and evaluate it as it relates to the City's codes and ordinances and conformance to the requirements setforth above. The Planning Commission shall also consider vehicular circulation, ingress and egress, general layout and the traffic impact the plan will have in the inrwdiate area to minimize or eliminate adverse effect on the public's health, safety and welfare before approving the Preliminary Site Development Plan. C. Upon approval of the Planning Commission, the Chairman shall stamp and sign one (1) copy of the approved Preliminary Site Development Plan plus the reproducible original showing the action with any applicable conditions and shall transmit to the applicant the reproducible original. The copy of the stamped plan shall be given to the Planning Commission Secretary to be included in the Master Project File. D. The approval of the Planning Commission shall have full force and effect for a period of six months from the date of approval for items designated on the Preliminary Site Development Plan. If a Final Site Development Plan has not been filed for the site covered by the Preliminary Site Development Plan before the approval. period has elapsed, the preliminary approval shall become null and void. All subsequent changes within the six months shall be considered by the Planning Commission at its final review. SECTION 6: Final Site Development Plan. The Final Site Development Plan shall be filed with the Secretary of the Planning Commission conforming to the following requirements and all applicable City of Tamarac codes and laws accompanied by a copy of the approved Preliminary Site Development Plan for final Planning Commission recommendation. -5- E 1 1 FINAL DrVKWP.IENT SITE PLAN UF''QUIR IT I'S - The following in foiTration is required Co be included with the Final Development Site Plans (an scale) no less than 1" = 50' on 24" x 36" sheets prior to being accepted for final review. Additional information may be required depending on the scope of tl,le project _ 1. Nine copies of the returned approved reproducible original preliminary site development plan (with all chanCr ges noted). 2. Impact analysis, if applicable see Chapter 13 Tamarac City Code. 3. Final building :floor plans, elevations (front, side and rear showing the concealment of roof-scapes). 4. Off site utility easements in recordable form,in applicable. 5. Public improvements quantity, material and itemized cost spry sheet: fees and bonds as determined by City Engineer. 6. Street and parking area lights (only vertical doienward illumination permitted). 7. Private site improvements quantity, material and itemized cost summary sheet: fees and bonds as determined by the Chief Daildina Official. S. Fire hydrant locations (max. 300' from any part of buildings). 9. Other applicable documents such as covenants and warranty deeds in recordable foji . 10. Topography of site with contour lines at one foot intervals. 11. Three sets and reproducible original of engineering drawings (see following requirements). 12. Nine copies of final landscape plan (see check list on VI-B, Page 6). 13. Utility service certification by Tamarac Utilities or City Plant Director and Florida Power and Light and Southern Bell. 14. Report from County School Board of availability of facilities (for residential developments). A. FINAL FAiGE1=R,ING DRAWING RIQUIMOd"I'S. Engineering drawings shall be at a reduction of no less than l" = 50' on reproducible stable film 24" x 36". The applicant shall. submit specific design details and itemized cost estimates for all public improvements including but not limited to: driveways, street paving and drainage, sidewalks, bulkheads, utilities, medians and cross overs. Streets, sidestreets, alleys and driveways, median openings abutting or crossing the property to be developed shall be constructed at the expense of the developer. The construction of all public improvements shall conform to City Ordinances. B. FINAL LANDSCAPE PLANS. Final landscape plans shall be included with the development site plan submission prior to being accepted for review. Additional information may be required depending on the scope of the project. The following information is required to be included on all final landscape plans (in scale) no less than 1" = 30' on 24" x 36" sheets. Nine copies of the final landscape plans sealed either by a Registered Irm Florida Architect, Landscape Architect or Nurseryman shall be submitted for approval_ by the Beautification Committee containing all of the information required by the Beautification Ordinance (74-3) and shall, include the following: Landscape Plans: *(Check List) 1. Project title 2. Developer 3. North arrow and scale 4. All existing vegetation 5. Preserved trees and relocated trees. 6. One copy of approved preliminary site development by by the Planning Commission. 7. Landscaping - See Beautification Ordinance 74-3 Show all site dimensions on plan. 8. Certification that an irrigation system (free of rust) will be provided for the total area being landscaped. 9. Botanical and common names of proposed vegetation with minimum diameter and height at the time of planting. Include ground cover. 10. Location of all landscaping, showing height, size and material used. 11. Design and material of all walls, fences. All developments shall incorporate native vegetation into landscaped plans. Undesirable exotic species such as Australian Pine (Casurina), Brazilian Pepper (Florida Holly), Castor Bean, and Melaleuca, shall be prohibited. Where a business zoned district abuts a residential district then Ordinance 75-44 applies regarding the abutting perimeter landscape strip and wall. C. The final site development plan shall not be placed on a subsequent Planning Commission agenda until the Beautification Committee, the City Planner, City Engineer, Chief Building Official and Fire Chief have each reviewed the project and submitted to the Planning Commission their report in writing. The above reports shall be submitted no later than fourteen calendar days from the date of submission of the final site development plan unless the Planning Commission is advised in writing about the reasons for the delay by the Secretary of the Planning Commission. -7- In such cases, the Planning Commission may recommend steps to expedite the process. An itemized check list of all required fees showing receipt by the City shall accompany the final site development plan through the Planning Commission and the City Council, The Secretary of the Planning Commission shall be required to collect all related documents including but no limited to: Approved landscape motion of Beautification Committee, off site easements, covenants, deeds and restrictions in recordable form and forward them to the Planning Commission for final review. All recordable documents, as to form, shall be approved by the City Attorney. Upon final recommendation by the Planning Commission, the Chairman shall stamp and sign one copy of the final site development plan and re --sign a recordable original showing the recommendation with any applicable conditions. One (1) approved copy of the final site development plan shall be posted for four (4) days on a bulletin board in City Hall in order that the public may have the opportunity to review and raise questions, if any, to said plans prior to its coming before the City Council at a public meeting. The Secretary of the Planning Commission shall be responsible for transmitting the complete master file to the City Clerk who shall agendize the project for action by the City Council. Upon Council's approval, the Mayor shall stamp the reproducible original and the approved copy of the final site development plan. The City Clerk shall transmit the copy to the master file and the reproducible shall be filed in the vault for permanent storage. The City Clerk shall be responsible that all required recordable documents are recorded with Broward County. SECTION 7: Stage Development Requirements. If a developer contemplates residential or commercial development in stages, then two site plans shall be required for preliminary site plan submission. 1. Overall development plans - consisting of all proposed public and private utility improvements. 2. Preliminary site development plan - for the specific stage to be developed. Approval of Planning Commission of a staged project shall only be for the specific stage to be developed and not for the entire parcel. The Engineering fees and improvements bond shall be calculated in conjunction to the engineering drawings for the specific stage to be developed and all additional public improvements required to adequately service the project and make it self- sufficient. SECTION 8: Site Development Plans for Parcels Not Previously Platted and Recorded. Preliminary site development plans for parcels not previously platted and recorded shall be accompanied by a preliminary plat before the Planning Commission. The final site development plans for such parcels shall be accompanied by a final plat through the Planning Commission and the City Council. SECTION 9: Procedure on City Council approved Site Development Plans being Proposed for Revisions. Where a site development plan has been previously approved by the City Council and proposed to be revised in any manner, either by the developer or the City, the revision proposed shall be first submitted to the Planning Commission for review and then to the City Council for approval, prior to the issuance of any permits, except where the total building coverage or parking requirements are not increased and vehicular circulation is not changed, the submission may be direct to City Council. SECTION 10: Application Submission Fees. Each preliminary site development plan shall be accompanied by an initial administrative review fee, in accordance to the following schedule: a) Residential. Development 1-$40.00 per acre for the first twenty acres. 2-$20.00 per acre for all developments over twenty acres or $2.00 per unit, whichever is greater. b) Commercial Development 1-$80.00 per acre for the first twenty acres. 2-$40.00 per acre for all developments over twenty acres. c) Minimum Administrative Review Fees In no event shall the minimum administrative review fee be less than $300.00 d) Subsequent Administrative Review Fees If the initial preliminary development site plan is determined by the Planning Commission to not be in substantial compliance to Section 5, all subsequent submissions shall be accompanied with a fee of $50.00. e) Revisions to site development plans subsequent to final City Council approval shall be accompanied with a fee of $50.00. SECTION 11: Formal Application for Construction, Development, and/or Building Permit. The applicant shall submit one copy of the approved stamped final site development plan to the Chief Building Official along with detail plans. The Chief Building Official upon receiving request for permits shall request verification in writing from the Finance Director that all applicable fees have been received by the City before issuing any permit. Molls The Chief Building Official shall be responsible that construction on the project conforms to the approved final site development plan. SECTION 12: Time Limit for Site Development Plans. Follo.ving the City CouncillIs review and approval of the _final site development pl,'-ta, for either the complete project or a phase of such project, there shall be a one year limit in which the developer shall take out the :required permits. Failure to do so within the time limit shall. automatically cause the final site development plan to become null. and void. If the developer expects to or does exceed one year time limit, he shall apply to the Planning Commission for an.extension of the time and submit a list; of reasons in writing. The Planning Ccxmdssi.on shall evaluate the site development plan in question, along with the developers reason for an extension and also consider the current development regulations. The Planning Corrxnission shall then make its recommendation to the City Council. The Chief Building Official shall be responsible, before issuing any new permits, to verify that the applications for such permits are for the construction and/or development according to the approved site development plan, and the approved site plan time limit has not expired or that the City Council has granted an. extension of tirrp_ SECTRYN 13: Should any section or provision of this Ordinance or any portion hereof or any paragraph, sentence or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not effect the validity of the remainder hereof as a whole or any part hereof other than the part declared to be invalid. SECTION 14: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed, as of the effective date of this Ordinance. SECTION 15: This Ordinance shall become effective immediately upon its final passage. 1 INIM 1 1 PASSED FIRST READING this PASSED SECOND READING this ATTEST : / day of 1976. „� day of 1976. CITY LAvaA STUDMIANS I BEREBY CERTIFY that I have approved the form and correctness of this Ordinance. 0 A Ld CITY AMRNEY,r. GEMMILL -11- mvDE116-mvlKS)OKIEll1►Cog 8 Y Mayor Falck V/M Massaro C/M Tucker C/W Kelch C/M Weinberger