Loading...
HomeMy WebLinkAboutCity of Tamarac Ordinance O-1976-044Proposed by: Temp. #391 Revised 8/10/76 Introduced by: Y-Y-\ l.c C (et"' Revised 9/ 8/ 76 Revised 9/9/76 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 7 - AN ORDINANCE AMENDING ORDINANCE #76--25 OF THE CITY OF TAMARAC, FLORIDA BY AMENDING SECTIONS ONE (1) TO SECTIONS TWELVE (12); PROVIDING A SAVINGS CLAUSE; REPEALING ALL LAWS IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of Tamarac has determined that Ordinance #76-25, which requires general submission requirements and approval procedures for site development plans, needs to be amended, and WHEREAS, the City Council upon the recommendation of the City Planner and City Engineer, has reviewed the requirements and approval procedures for site development plans and has determined that it would be in the best interest of the City of Tamarac to amend the existing requirements for site development plan procedures, and WHEREAS, the City Council of Tamarac is desirous of implementing the objectives of the aforesaid. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF TAMARAC, FLORIDA: That Ordinance #76-25 is hereby amended and shall read as follows: SECTION 1: Sections 1 through 12 of Ordinance #76-25, providing for a comprehensive administrative review of site development plans, are hereby amended to read as follows: Section 1: Chapter 7. Article II, Division 1 Site Plan is Repealed and Shall Read As Follows: Section 2: Statement of Purpose.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 appli- cant to adjust proposed development plans to applicable Ordinances and conditions, prior to the submission of extensive technical engineering data, the review of develop- -1- ment 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,by the Planning Com- mission. 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 infor- mation for review by the Planning Commission and subsequent approval by the City Council. 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 corpora- tion, unincorporated association, joint venture and partner- ship, 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 registra- tion 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. CONSTRUCTION: 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 struc- ture 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 develop- ment of the project. ENGINEERING DRAWINGS - SCHEMATIC diagram of sanitary sewage collection, water distribution, and storm drainage systems, designating direction of flow and connections with existing facilities. -2- Fi u IMPROVEMENTS, PRIVATE: development of the land in private ownership 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. 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 discussing the feasibility of a proposed project, with minimum drawings required. SITE DEVELOPMENT PLAN, PRELIMINARY: a tentative develop- ment 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 re- quiring the creation of a new street. Section 4: Site Development Plans - Required Submissions. A site development plan shall be required con- forming 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 con- struction, 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. -3- b) For a change to the interior of an existing structure on a platted lot or parcel 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 describing the general nature of a contemplated project, for the purpose of determining whether any major problems exist with the proposed design or use parameters for the contemplated project. Ten (10) copies of the plan(s) shall be submitted for the Planning Commission's review showing location of the property, schematics of floor plans and building elevations, density, drainage, and overall design of the project, accom- panied by a payment of a concept review fee which shall be twenty (20) percent 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, 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 for Prelimina Site Development Plans. A. PRELIMINARY SITE DEVELOPMENT PLAN: The preliminary site development plan shall be filed with the Secretary of the Planning Commission conforming to the following require - meats, with submission fees listed herein and completed application form (Exhibit "A"), at least ten (10) days prior to the next regular meeting of the Planning Commission for its review and approval. B. PRELIMINARY SITE DEVELOPMENT PLAN REgUIREMENTS: The following information is required to be included on or with all preliminary site development plans (in scale) no less than 1"=50' submitted on 24" x 36" sheets. REQUIRED INFORMATION 1) Project title, north arrow and scale, name of developer and owner of record. 2) Location sketch of property (Min l"=600' - 0"), name of engineer and architect, or Planning Consultant. 3) Existing zoning and zoning of abutting properties. 4) Existing physical site features, including waterways, lakes, water canal courses, and drainage facilities. 5) Location, dimensions and sizes with respect to each other and to lot lines of all proposed buildings and structures (accessory and main), major excavations, proposed reservation for recreation areas (if applic- able). 6) Location and dimension of proposed walkways, curb -cuts, parking and loading spaces, ramps (slopes), curbs, seawalls, channeled ingress and egress. 7) Proposed or existing streets (interior and abutting) with median, median cuts and stacking lanes (if any). S) Schematic location of adjacent buildings, drives and streets within 100' of property. 9) Required setbacks, building separation and all existing easements with dimensions. 10) Location and height of all fences and utility struc- tures, and all trash enclosures. 11) Schematic elevations of buildings, showing concealment of all mechanical or accessory equipment located on the roof. 12) Detached ground sign (if any) and location. 13) The following tabulation, when applicable: a) Site area (excluding all R.O.W. abutting the parcel) (square feet and percentage) b) Total building area -gross (square feet and percentage) c) Total building coverage -net (square feet and percentage) d) Total parking and drive area (square feet and percentage) e) Total landscaped open space (square feet and percentage) f) Total planned population (estimate) (1) Total units and density (2) Total 1 bedroom (3) Total 2 bedroom (4) Total 3 bedroom (5) Total others 14) Submission documents: a) Completed application for site development or plat review notarized by the applicant (see Exhibit "A"). b) 10 copies of preliminary site development plans and/or preliminary plat plans. c) Proper site plan review fees. d) Proper plat review fees (see Ordinance #76-7). e) Schematic Engineering Drawings - the minimum engin- eering review and inspection fee shall be remitted with this submission, according to applicable ordinances. f) A letter of intent prepared by the applicant covering the following items: (1) Whether the project will be constructed in one or more stages. (2) Type of fire prevention, i.e., sprinklers, smoke detectors. -5- (3) Whether the residential development is a planned family or adult community. (4) The method for draining single family and duplex lots to the public right-of-way. For single family or duplex development 5, 10, 11, 12 and 13 (c,d,e) and (f), 2--5, shall not be applicable. C. The City Planner, City Engineer, 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 such administrative comments from the Secretary of the Planning Commission, the Thursday before the next regular Planning Commission meeting. D. 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 set forth above. The Planning Commission shall also consider vehicular circulation, ingress and egress, general layout and the traffic impact the plan will have in the immediate area, to minimize or eliminate adverse effect on the public's health, safety and welfare before approving the preliminary site development plan. The Planning Commission may either approve or disapprove the preliminary site development plan. Should the Planning Commission approve the preliminary site development, no vested rights shall inure to the applicant as a result thereof. E. Upon approval of the preliminary site development plan by the Planning Commission, the Chairman shall stamp and sign one (1) copy plus the reproducible original showing the Commission's action with any applicable conditions, and shall transmit the reproducible original and the copy of the stamped plan to the Planning Commission Secretary, to be included in the Master Project File. Z:a F. The applicant may then proceed to prepare and submit the final plans and specifications to the Planning Commission, no later than six (6) months after receiving preliminary site development plan approval. 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 review stage shall become null and void. All modification and changes to the drawings revised within the six months shall be considered by the Planning Commission at its final site development plan review. Section 6: General Submission Procedures for Final Site Development Plan. The final site development plan shall be filed with the Secretary of the Planning Commission con- forming to the following requirement at least ten (10) days prior to the next regular meeting of the Planning Commission for its review and recommendation. A. FINAL DEVELOPMENT SITE PLAN REQUIREMENTS. The following information is required to be included with the final development site plans (in scale) no less than 1"=50' on 24" x 36" sheets. Additional information may be required depending on the scope of the project. 1. One reproducible original final site development plan, including but not limited to plan view of the following: canals or lakes, bulkheads, bridges, culverts, headwalls, endwalls, paving, sidewalks, curb and gutter, curbing, median crossings, guard- rails, railings, parking areas including striping, wheel stops and lighting, street lighting, street signs. 2. Ten copies of the final site development plan with one (1) foot contours. 3. Ten (10) separate copies of schematic plan views of the public and private utility improvements in- cluding water, sewer, electrical, telephone, fire hydrants, street and parking area lights, and storm drainage which have been previously approved by the City Engineer. 4. One (1) copy of final landscape plan previously approved..bX Beautification Committee containing the information required in Section 6B. -7- L 1 1 5. One (1) copy of final building floor plans, elevation (front, side, and rear showing the concealment of roofscapes). 6. Impact analysis, if applicable see Chapter 13 Tamarac City Code. 7. Off -site utility easements in recordable form, if applicable. 8. Other applicable documents such as covenants and warranty deeds in recordable form. 9. Utility service certification by Tamarac Utilities or City Plant Director and Florida Power and Light and Southern Bell. 10. Report from County School Board of availability of facilities (for residential developments). B. .LANDSCAPE PLANS. Landscape plans shall be__submitted on a separate drawing to the Beautification Committee(see Landscape) Ordinance) for approval prior to the final site development plant review by the Planning Commission. Additional information may be required depending on the scope of the project. The fol- lowing information is required to be included on all landscape plans (in scale) no less than 1"=30' on 24" x 36" sheets. 1. Ten (10 copies of the final landscape plans sealed either by a registered architect or landscape architect or nurseryman approved by the Beautification Committee. 2. Project title. 3. Developer. 4. North arrow and scale. 5. Site plan with all boundary dimensions and other applicable information. 6. All existing vegetation. 7. Preserved trees and relocated trees. 8. One copy of approved preliminary site development Plan by the Planning Commission. 9. Certification that an irrigation system (free of rust) will be provided for the total area being landscaped. 10. Botanical and common names of proposed vegeta- tion with minimum diameter and height at the time of planting. Include ground cover. 11. Location of all landscaping, showing height, size and material used. 12. 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. W:M C. PLANNING COMMISSION FINAL REVIEW. The Planning Commission may either approve or disapprove the final site development plan. Should the Planning Commission approve the final site development plan, no vested rights shall inure to the applicant as a result thereof. Should the Planning Commission approve the final site development plan, the Chairman shall stamp and sign one copy of the final site development plan and re-sign the 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. Section 7: City -Council Review of Final Site Development Plan. A. The Secretary of the Planning Commission shall be responsible for transmitting the documents outlined below to the City Council for review. In no case shall the petition be agendized for Council consideration until all necessary documents have been submitted in acceptable form. 1. Report by the City Engineer indicating the approval of the final engineering documents. 2. Off -site easements in recordable form approved as to form by the City Attorney. 3. Final site development plan as reviewed by the Planning Commission, with its recommendation. 4. Itemized check list of all required processing fees. 5. City Planner Report. E. Covenants, if any, approved by City Attorney. 7. Impact analysis (if applicable). 8. Approval, in writing, from Tamarac Utilities indicating the acceptance of the final engineering drawings, if applicable. M12 9. An itemized on -site and off -site improvements bond and fee schedule prepared by the City Engineer. The petitioner shall be required to submit a list consisting of all materials (unit costs and total cost) for items included in, but not limited to Section 3 Definitions of Public and Private Improve- ments, and Section 24-3, Paragraph (a), of Tamarac's City Code, as amended to the City Engineer, in order to properly prepare the necessary schedule. 10. Final plat (if applicable). B. SITE DEVELOPMENT PLAN APPROVAL BY THE CITY COUNCIL. The City Council shall review the final site development plans at a public meeting. No final site development plan or plat shall become effective until receiving approval by the City Council. Should the City Council approve the final site develop- ment plan, the Mayor shall stamp the reproducible original of the final site development plan and shall transmit the plan to the master file for storage. The City Council shall as a condition of approval of the final site development plan and/or plat require the payment of all required fees and sub- mission of all required bonds prior to the issuance of public improvement and/or building permits. The City Clerk shall be responsible that all required recordable documents are recorded in Broward County. Section 8: Stage Development Regulations. 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 improve- ments bond shall be calculated in conjunction to the engineering drawings for the specific stage to be developed and all additional public improve- ments required to adequately service the project and make it self-sufficient. -10- Section 9: Site Development Plans For Parcels Not Previously Platted and Recorded. Preliminary site develop- ment 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 10: Procedure Revardina Revisions to Previousl Approved Site Development Plans. 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 require- ments are not increased and vehicular circulation is not changed, the submission may be direct to City Council. Section 11: Site Development Plans 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 any additional acreage, or MO. per dwellj_ng unit_, _whichever greater. b) Commercial Development 1-$50.00 per acre for the first twenty acres. 2-$40.00 per acre for any additional acreage. c) Minimum Administrative Review Fees In no event shall the minimun 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 or 6, 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 accom- panied with a fee of $50.00. !woe A r EXHIBIT "A" MASTER FILE 110. U.... �r� 5311 NORTHI`-JEST 88TH AVENUE TAMARACK FLORIDA 33321 TELEPHONE (305) 722-5900 17}71�. SITE DEVELOPMENT PIAN APPLICATION AND FEE SCHEDULE PROJECT `\,Q'fE APPLICA-N T ' S NAC E I?)DRE S S NERAL DESCRIPTION OF LOCATION EXISTI.:G ZONING ACRES PROPOSED USE AND OTHER INFORMATION PHONE CITY,STATE SECTION TOUNT SHIP RANGE I (We), the undersigned, am (are) the (owner, tenant, agent, attorney) -Underline one of the subject land in this site development plan. I (We) acknowledge and agree that during the consideration and review of the plat and site development plan, including any approvals by the Planning Commission and staff of the City of Tamarac, no rights shall vest on behalf of the applicant which would be enforceable against the City and no site development plan will receive final approval until after public meeting is held by the City Council and the City Council has voted favorably on the proposed site development plan. Authorized Signature Sworn to and subscribed before me this day of 1976 Ify commission expires Notary Public �kll applications shall be filed with the Secretary of the Planning Commission at least 'Len (10) days prior to the Planning Commissions next regular meeting. Applications shall include all information and/or documents listed as required in Section 5 _ for Preliminary Site Plan review and in Sections_6 and 7 for Final Site ,—.. .- - - beveloom.ent Plan review. failure to do so may cause unnecessary delay. TO BE COMPLETED BY THE SECRETARY OF THE PLANNING COMD1ISSIOY PRELIMINARY DEVELOPMENT STAGE SUBMISSION ConceDt Site Plan ($200 Optional) Preliminary Site Development Plan ($300 minimum) Preliminar Plat ($175 minimum) Imoact Analysis ($150) Site Plan Resubmittal ($50) Engineering dra�rin s ($400 min. Required documents a. Covenants: Fcb.Zlarrantydeeds: Easements Revised site plan ($50) FEE PAID DATE SUBMITTED NO. OF COPIES CON-DIENTS FINAL DEVELOPMENT STAGE TRANS:IITTAL : Date Sec'y of Planning Commission Date -12- Finance Verification Section 12: Formal Application For Construction, Development_,_ and or Building Permits. The applicant shall submit one copy of the approved stamped final site develop- ment plan to the Chief Building Official and City Engineer, along with detail plans. The Chief Building Official and City Engineer, 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. The Chief Building Official shall be responsible that con- struction on the project conforms to the approved final site development plan and subsequent approved revisions. Section 13: Time Limit For Final Site Develo ment Plans Approved By The City Council. Following the City Council's review and approval of the final site development plan, 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. All site plans approved prior to the enactment of this Ordinance, are null and void one year after approval of this ordinance by by City Council. If the developer expects to or does exceed one year time limit, he shall. apply_ to the Planning _.Comni.ssion for_ an extension of the time and submit a list of reasons in writing. The Planning Comni.ssion shall evaluate the site development plan in question, along with the developer's reason for an -13- n 1 F� extension and also consider the current development regula- tions. The Planning Commission shall then make its recom- mendation 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 time. SECTION 2: 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 3: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 4: This Ordinance shall become effective immediately upon its final passage. PASSED FIRST READING this 0' day of s_Q`}Q11_ _, 1976. PASSED SECOND READING this- a."\. ATTEST r- u - C CLERK I HEREBY CERTIFY that I have approved the form and correct- ness of this ORDINANCE. CITY -14- RECORD OF COUNCIL VOTE -- lst Mayor Falck V/M Massaro C/M Tucker C/W Kelch C/M Weinberger 2nd