HomeMy WebLinkAboutCity of Tamarac Ordinance O-1976-056Introduced by: °�� ��IL�Z./JLLCa Temp. #420
f � Revised 11/1/76
Proposed by: �/ /LZ G'�� Revised 11/11/76
CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 76-56
AN ORDINANCE AMENDING THE PLATTING REGULATIONS
ADOPTED BY ORDINANCE NO. 71-22 AS PREVIOUSLY
AMENDED BY ORDINANCE NO. 72-31 BY REQUIRING
THAT AS A PREREQUISITE TO PLAT APPROVAL OF
RESIDENTIALLY ZONED PARCELS PROVISION BE MADE
FOR RECREATIONAL SITE ACQUISITION THROUGH DEDI-
CATION OF LAND FOR PARK AND RECREATION PURPOSES;
PROVIDING FOR CASH PAYMENT IN LIEU OF LAND DEDI-
CATION UNDER STATED CONDITIONS: PERMITTING
EXEMPTIONS AND CREDITS WHERE PRIVATE RECREATIONAL
FACILITIES ARE PROVIDED: REPEALING ALL ORDINANCES
IN CONFLICT; CONTAINING A SEVERABILITY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac has been developed as a
residential community with central recreational facilities in
the various subdivisions, and
WHEREAS, the original developer has sold numerous parcels
of land to other land developers, and
WHEREAS, it is an essential element of sound land planning
and development to provide adequate recreational facilities for
future as well as for present residents, and
WHEREAS, the unprecedented growth of the community requires
that additional provision be made for open spaces and recreational
facilities, both to protect the environment and to provide for the
general health, safety and welfare of all residents.
FLORIDA:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC,
SECTION 1: That the platting regulations adopted by
Ordinance No. 71--22 of the City of Tamarac, as amended by Ordinance
No. 72-31, designated as Article IV of Chapter 20, Tamarac City Code,
be amended as follows:
ARTICLE IV
PARK AND RECREATION SITE ACQUISITION AND
DEVELOPMENT PROVISIONS:
A. Dedication of Land or Cash Payment of Fees In
Lieu Thereof. No final subdivision plat shall be
approved nor shall a building permit be issued
in connection therewith unless land has been
so
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dedicated to the City for park or recreational
purposes, or a cash payment has been made in lieu
thereof, or some combination of dedication and
payment has been made as hereinafter set forth.
B. Land to be Dedicated. The portion of land required
to be dedicated for park and recreation purposes
shall be established in accordance with the fol-
lowing table.
Density of Subdivision
1 unit to Less than 5 units
per acre inclusive
5 units to less than 9 units
per acre
9 units or more per acre
Percentage of Gross
Subdivision Area Re-
quired to be Dedicated
5.
0
E6T
C. Application of Table. The Planning Commission shall
require the subdivider to dedicate land in accord -
ance with the table set forth in Subsection B of
this Section, based upon the maximum gross density
permitted within the zone in which the subdivision
is located. However where a subdivider proposes to
develop land at less than the maximum permitted for
the zone and has executed and recorded in the offices
of the County Recorder a covenant approved by the
City Attorney, binding upon all future owners that
such land shall not be developed to a higher density
than that proposed, the Planning Commission shall
base the required dedication upon such proposed
density.
D. Cash Payment In Lieu of Dedication. In lieu of the
dedication of a portion of or all of the land here-
inabove set forth, the Planning Commission shall re-
quire a cash payment to the City which shall be
computed on the following basis:
(a) R-lB or R-lC zoning classification at
$30,000.00 per acre
(b) R-2 zoning at $40,000.00 per acre
(c) R-3U zoning at $50,000.00 per acre
(d) R-3 zoning at $60,000.00 per acre
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(e) R-4A zoning at $75,000.00 per acre.
All such cash payments shall be deposited and
held in appropriate trust accounts and may be
expended therefrom by the City for the acquis-
ition and development of park and recreational
sites and facilities.
E. Use of Dedicated Land. The land dedicated in connec-
tion with a particular subdivision may be used only
for the purpose of providing park or recreational
sites and facilities which will serve such subdivi-
sion and the future residents therein.
F. Use of Funds Paid in Lieu of Land Dedication. All
cash payments in lieu of dedication shall be used by
the City for the purpose of acquiring or developing
parks, playgrounds and other recreational facilities
to serve all residents of the City.
G. Exemptions and Credits. 1. Where open space for
park and recreational purposes is provided in a
proposed subdivision, and such space is to be owned
in fee simple and maintained by the future residents
of the subdivision, such areas shall be credited
against the requirement of the dedication for park
and recreational_ purposes or the payment of fees in
lieu thereof, provided that the following standards
are met:
(a) That yards, court areas, setbacks, ease-
ments and other open areas required to be
maintained by the zoning and building
regulations shall not be included in the
computation of such private open space; and
(b) That fee simple ownership and maintenance
by the future residents of the open space
is adequately provided for by written recordable
document to be approved by City Attorney; and
(c) That the proposed open space is reasonably
adaptable for use for park and recreational
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purposes, taking into consideration such
factors as size, shape, topography, geology,
access, and location.
2. Where, prior to filing a Preliminary Plat, land has
been dedicated for park and recreational purposes
pursuant to this section to serve the future inhabi-
tants of the proposed subdivision or subdivisions and
the resolution accepting the land so dedicated contains
a provision that such land shall be credited as herein
provided, the Planning Commission shall reduce or
eliminate the amount of land required to be dedicated
for park and recreational purposes within the sub-
division or subdivisions, or the fees required to be
paid in lieu thereof, to the extent that land has
been previously dedicated for the benefit of the
proposed subdivision of subdivisions.
3. No land shall be required to be dedicated and no
cash payments shall be required to be paid for any
property zoned and used for commercial purposes.
4. Where any subdivision contains five (5) acres or less
or where less than one-half acre is proposed to be
dedicated, only a cash payment shall be required.
SECTION 2: Severability Clause. 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 affect the validity of the remainder
hereof as a whole or any part hereof, other than the part to be declared
invalid.
SECTION 3: Effective Date. This ordinance shall become
effective immediately upon its final passage.
PASSED FIRST -READING this ,q-) day of 1976.
PASSES SECOND READING this �
day off_ti�if11 1976.
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ATTEST : RECORD AF CDMIL VO E
X�MAYOR W. FALCK
CITY CLERK VIM H. MASSARO
I HEREBY CERTIFY that I have CAW M. KELCH
approved the form and correctness CIM 0. TUCKER C
UL
of this ordinan CAM M. WEINBRGR -
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