HomeMy WebLinkAboutCity of Tamarac Ordinance O-1980-030Introduced by: /
Temp. # 7
Rev. 1/25/80
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CITY OF TAMARAC, FLORIDA
ORDINANCE NO. e �-76 —,3o
AN ORDINANCE PERTAINING TO RESIDENTIAL DEVELOPMENT
WITHIN FLEXIBILITY ZONE 61 OF THE BROWARD COUNTY
LAND USE PLAN AND THE STUDY AREA 61 OF THE CITY OF
TAMARAC LAND USE PLAN WHICH IS THAT AREA WEST OF
UNIVERSITY DRIVE AND BOUNDED ON THE SOUTH BY MCNAB
ROAD AND ON THE NORTH BY SOUTHGATE BLVD. EXTENDING
FROM UNIVERSITY DRIVE TO THE WESTERN EXTREMITY OF THE
CITY BY ALLOWING VOLUNTARY LOCAL PARK DEDICATION TO
THE CITY IN AMOUNTS SET FORTH WITHIN THE ORDINANCE;
SETTING FORTH FINDINGS 05 FACT; PROVIDING FOR
CODIFICATION; PROVIDING FOR REPEALER; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF TAMARAC, FLORIDA:
SECTION 1: FINDINGS OF FACT.
The City of Tamarac is precluded by Court orders in that case
#72-11731, entitled Leadership Housing Systems, Inc. and Simon Zunamon, as
Trustee, v. Cit of Tamarac, from requiring local park dedications as a pre-
requisite to platting in certain specific areas of the City. Broward County is
not a party to that litigation, and it may not be preclude-d.from imposing local park
dedication requirements and collecting monies therefor in lieu of park dedication
requirements. Broward County in its platting ordinance #77-43 imposed minimum
requirements for local park dedications and it is anticipated that said requirements
will continue to be in effect. The City of Tamarac wishes to provide property
owners in the City the option of voluntarily agreeing to make local park dedication
requirements,at least equal to those set forth and required by Broward County,its
prerequisite to platting. The requirement will pertain only to local parks and
have no effect upon other park dedication requirements set forth in Broward County
regulations.
,SECTION 2: A property owner or developer within Flexibility Zone 61
of the Broward County Land Use Plan, also known as Study Area 61 of the City of
Tamarac Land Use Plan, and specifically that area bounded on the east by University
Drive, on the west by the Western extremity of the City of Tamarac, on the south
by McNab Road, and on the north by Southgate Blvd., may voluntarily agree with the
City in writing and dedicate to the City as an alternative to making payments to
Broward County under the Broward County Plat Ordinance for local park requirements
the following:
1. Dedicate land of suitable size, dimension, topography and
general character to serve as neighborhood or community parks or a substantial
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portion thereof, which will meet local level park needs created by the
development. The total amount of land to be dedicated either on or off the
development site must equal a ratio of at least three acres of land for every
1,000 residents of the development, or
2. Agree to deposit in a non -lapsing Trust Fund, established and
maintained by the City of Tamarac, an amount of money equal to or exceeding the
value of such amount of land that would have been required under subsection 1,
amount to be determined by the Broward County Property Appraiser's appraised value
of the land or by the most recent purchase price paid for the land, whichever is
higher. Such amounts of money shall be deposited in the appropriate trust fund
prior to the approval of the proposed plat by the City of Tamarac and shall be
expended within a reasonable period of time for the sole purpose of acquiring and`/or
developing land necessary to meet the need for local level parks created by the
development, in order to provide a system of local level parks which will be
available to and substantially benefit the residents of the platted area.
SECTION 3: The City of Tamarac acknowledges that there were
dedications of land for recreational purposes by Leadership Housing in 1976.
Some credit may be given for land dedications which were made by Leadership
Housing, Inc. to Tamarac in 1976. One parcel of property donated by Leadership
Housing is within the FP&L utility easement and its use for recreational
purposes is limited.
ordinance.
SECTION 4: Specific authority is hereby granted to codify this
SECTION 5: All ordinances or parts of ordinances in conflict
herewith are repealed to the extent of such conflict.
SECTION 6: 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 declared to be invalid.
SECTION 7: This ordinance shall become effective upon its
final passage.f
PASSED FIRST READING this' day of
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PASSED SECOND READING this-1 ?z__ day of ,19 to.
ATTEST:
CITY CLE
I HEREBY CERTIFY THAT I have
approved the form and correct-
ness of this ORDINANCE.
l
3.
RECOr,D OF COUNCIL VOTE
DIET,'lKT I:
DIl,...ZT 2
DISTRICT 4