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HomeMy WebLinkAboutCity of Tamarac Resolution R-2015-030Temp. Reso. No. 12620 April 8, 2015 Page 1 of 4 CITY OF TAMARAC, FLORIDA RESOLUTION NO. 2015 - 30 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, PROVIDING FOR A FEE SCHEDULE FOR THE MITIGATION FEE PROGRAM ASSOCIATED WITH THE MITIGATION OF TRAFFIC IMPACTS FOR THE AREA WITHIN THE TAMARAC VILLAGE LOCAL ACTIVITY CENTER ("LAC)'), DESIGNATED ON THE FUTURE LAND USE, MAP OF THE CITY OF TAMARAC COMPREHENSIVE PLAN; AUTHORIZING AND DIRECTING THE CITY MANAGER, OR HIS DESIGNEE, TO TAKE ANY AND ALL ACTION NECESSARY TO EFFECTUATE THE INTENT OF THIS RESOLUTION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 27, 2010, the City Commission of the City of Tamarac adopted Ordinance 2010-22, amended its Comprehensive Plan to change the designation of property located North of Commercial Boulevard between NW 76th Avenue (University Drive) and NW 94th Avenue (the "Property") from Commercial and Recreation to Local Activity Center ("LAC"); and WHEREAS, the City made application to Broward County for a change to the Land Use Designation under the County Land Use Plan for the Property from 121.45 acres of Commercial, 6.67 acres of Community Facilities, 3.21 acres of Recreation and Open Space and 2.24 acres of Low (5) Residential to Local Activity Center (the "Land Use Amendment"); and WHEREAS, as a part of the Broward County Planning Council staff review of the Land Use Amendment, adverse impacts were identified on the Regional Transportation System that are estimated to increase the number of P.M. Peak Hour Vehicle Trips at the long term planning horizon; and Temp. Reso. No. 12620 April 8, 2015 Page 2 of 4 WHEREAS, as a condition of approval of the Land Use Amendment, the Broward County Planning Council and the Broward County Board of County Commissioners required the City to pay to the County a Transportation Mitigation Fee for the installation of improvements included as part of the County's Signalization Engineering Improvements ("SEI") capital program to mitigate the impacts; and WHEREAS, on April 23, 2014, in satisfaction of this traffic mitigation condition, the City Commission adopted Resolution No. 2014-38, approving a Declaration of Restrictive Covenants, which committed the City to the payment of a transportation mitigation fee of Two Hundred and Twenty Eight Thousand Six Hundred and Sixty Six ($228,666) Dollars for future development within the LAC; and WHEREAS, Ordinance No. 2015-04 amended Chapter 10, of the Land Development Regulations of the City's Code of Ordinances, to establish the fair share contribution payment and fee schedule, which will be implemented for new development and redevelopment generating additional traffic within the LAC; and WHEREAS, pursuant to Ordinance No. 2015-04, the payment schedule that has been developed for the collection of the mitigation fee, provides for a rate of $121.12 per P.M. peak hour trip, as the fair share contribution payment for traffic mitigation for projects within the LAC; and WHEREAS, funds collected for purposes of traffic mitigation will be deposited with the City for payment to the County in accordance with the Declaration of Restrictive Covenants; and NOW, THEREFORE, be it resolved by the City Commission of the City of Tamarac, Florida: Temp. Reso. No. 12620 April 8, 2015 Page 3of4 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. Section 2. Activity Center That the City Commission hereby establishes the following Local ("LAC") Transportation Mitigation Fee Schedule, which -shall be implemented in accordance with Section 10-311 of the City's Land Development Regulations: LAC Transportation Mitigation Fee Schedule $121.12 per P.M. peak hour trip Section 3. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 4. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Section 5. This Resolution shall become effective adoption. ninety (90) days after THE REST OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK Temp. Reso. No. 12620 April 8, 2015 Page 4 of 4 PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THIS DAY OF , 2015. tl CITY OF TAMARAC FLORIDA HARRY DRESSLER, MAYOR ATTEST: TRI-CIA TLU EL, CITY CLERK i RECORD OF COMMISSION VOTE: MAYOR DRESSLER DIST 1: V/M BUSHNELL DIST 2: COMM GOMEZ DIST 3: COMM. GLASSER DIST 4: COMM. PLACKO I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM: SAMOEL S. OOR CITY ATTORNEY 0