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Home My WebLink AboutO-1991-008 ORDINANCE N0. 08-91 AN ORDINANCE OF THE CITY OF DANIA, FLORIDABE , PROVIDING FOR THpASSIVE OR DEDICATION ACTOIVEL T OPEN PACE AND USED FOR PARKS, PROVIDING A FORMULA OR RECREATIONAL PURPOSES; FEE FOR DEDICATION; PROVIDING FOR PAYMENT FORA THE IN LIEU OF DEDICATION; MAXIMUM TOTAL PERCENTAGE OF PLAT REQUIRED FOR DEDICATION; PROVIDING FOR CREDITS FOR PRIVATE PARKS, OPEN SPACE OR RECREATIONAL PURPOSES AND FOR REGULATIONS VIING FOR SEPARABILITY; PROVIDING COVERING O FOR CODIFICATION; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section Dedication of Parks and Recreational Areas . 4 1 . platting la nd for residential purposes with All persons the City of Dania , Florida, shall be required to dedicate for parks , passive or active to the city, land to be used purposes, to meet the needs open space or recreational created by their development and use of the land according to the following formula: x ) = Acres 3 Acres x p ets./Units Dedication 1000 Pop. No. Units Density in dwelling units Estimated number of persons per dwelling per gross acre of unit residential land area 3 .3 From 0 up to 1 3 .0 Over 1 up to 5 08-91 Ordinance No. ___�-- cont. Density in dwelling units Estimated number of per gross acre of persons per dwelling residential land area unit Over 5 up to 10 2. 5 Over 10 up to 16 2. 0 Over 16 up to 25 1.8 2. Examples: a. A single family development of 100 acres at a density of 4 dwelling units/acre : 3 Acres x 400 x 3. 0 = 3. 6 Acres 1000 Pop. Units Pers. Unit 4" 3. Where such dedication is determined by the city to be not ;. feasible because of the size of land to be platted the 1 developer shall in lieu thereof pay to the city a fee, the amount of such fee to be based upon the fair market F value of the land which would otherwise be required to be dedicated, as determined by the city commission based Xupon current appraisals , or if the developer objects to j such amount of evaluation he may, at his own expense, rc11 obtain an appraisal of the property by a qualified real estate appraiser, which appraisal may be accepted by the '- city commission if found reasonable, or the city and developer may agree as to the fair market value. 4. Maximum total dedicated land and maximum required public dedicated land . a. In any event, the maximum total percentage of any plat which shall be required for dedication for public parks , open space or recreational purposes shall be as follows: 1. Single family = 68 2. Townhouse = 12% 3. Multifamily = 20% b. Where the formula set forth in Section 1. above requires the dedication of more than six percent (6% ) of any plat, such additional requirements over and above said 6 percent may be exempted by the city commission by way of credits allowed for private parks, open space or recreational purposes, provided that such land is to be privately owned and maintained by the future residents of the platted area, such -2- Ordinance No. 08-91 i k, y ownership and maintenance to be secured by the appropriate documents in form acceptable to the city attorney and the following standards are met: ( 1 ) That yards, court areas, setbacks and other specific, defined open areas required to be maintained by the appropriate zoning and/or building regulations shall not be included in the computation of such private open space; provided , however, that the foregoing is not meant to imply that because a certain percentage of open space is required by any such regulations, the total amount of such required open space is precluded from being considered in the computation of private open space, but rather only specifically required open areas such as yards, front, rear and side setback areas and other such specific areas are to be excluded; and ( 2) That the private ownership and maintenance of the open space is adequately provided for by written agreements and documents acceptable to the city; and determined based upon maximum density �! allowable according to zoning and land use plans governing the property; such dedication or payment shall be completed before the issuance of building permits shall be authorized by the city; and r , (3) That the use of such private open space is restricted to park, open space and recreational purposes by recorded covenants which run with the land in favor of the future owners of property within the tract and which cannot be defeated or eliminated without the consent of the city commission after public hearing; and (4) That the proposed private open space is reasonably adaptable for use for park , open space and recreational purposes , taking into consideration such factors as size, shape, topography, geology access and location of the private open space land; and ( 5) That the facilities proposed for the park, open space and recreational use are in substantial accordance with the recreational needs of the future residents of the plat as determined by the city commission , the recommendation of the Planning and Zoning Board and the appropriate city departments; and -3- Ordinance No. 08-91 4. (6) That the percentage of credit to be given for golf courses and passive and active lakes and waterways shall be set at a minimum of 20 percent to a maximum of 60 percent by the city commission, based on their determination of the extent of which such items meet the recreational , park and open space needs of the future residents of the proposed plat, after a recommendation from the Planning and Zoning Board and the appropriate city departments . 5. If the developer does not submit a final site plan at the time of platting, the dedication of land for parks, open space and recreational purposes, as required by this article, shall be deferred until a final site plan is approved prior to issuance of building permits , and the required land to be dedicated shall be computed based on such final approved site plan, and such required dedication shall be completed before the issuance of building permits shall be authorized by the city. Furthermore , any approvals granted to master plans , construction plans, "! s preliminary plats and final plats for which dedication ? of park, open space or recreational land is deferred because of the absence of a final site plan, shall be understood to be expressly conditional upon meeting I the dedication requirements of this article for park, a open space and recreational land which were in effect at the time of the approval of final plat, and such condition shall be clearly written on the plat by the developer, provided, however, that the absence of such statement from the final plat, as approved by the city, shall in no way be deemed a waiver of the dedication requirements of this article . Section 2. it is the intention of the Dania City Commissioners that the provisions of this ordinance shall become and be made a part of the City of Dania Code; and that the sections of this ordinance may be renumbered or relettered and the word "ordinance may be changed to "section," "article , " or such other appropriate word or phrase in order to accomplish such intentions. Section 3. If any section , subsection, sentence , clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction , such -4- 08-91 Ordinance No. i 4 4 r portion shall be deemed a separate , distinct and independent provision and such holding shall not affect the validity of the remaining portions of this ordinance. Section 4. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict . Section 5. That this ordinance shall be in force and take effect immediately upon its final passage and adoption. 22nd PASSED and ADOPTED on First Reading on the day of January , 1991 . F 26th PASSED and ADOPTED on Second and Final Reading on the i day of February , 1991. MAYOR CUMMISSyMEK ATTEST: " CITY CLERK - AUDITOR APPROVED AS TO FORM AND CORRECTNESS By: � FRANK C. ADLER, City Attorney -5- Ordinance No. 08-91 1 4. 1 FRIDAY, J t SCREENING I VETERAN'S TRASH REMOVAL Tree trimming, eon• struction debris, dem•I loliten done. Old app9• ances & furniture re-11 Imoved. Guage & apta C10aned up & outll IDump truck ava0. Call 7 Days A Weekl I L 989-7312 J gl RGI i•. o' 1. 81-2731 pet•E TRASHREMOVAL Of oil o.'.types.Osage n do.apt to or,,.loa it . Con.0....n mood tr Orb,tr.a.,etc.Guaranl.ntl b..lr.W.11 f iffe"' CKFAN P • 8 S CLEAN UP 41 7 g it SERVICE 7 MNdentlN 6 COmmeldN I I ' Tra Tdmmin0 a Pemintl 1� t15?at 81, 1 * Best Call In Townlf • tr Bretta433-f3480 # HAULITALL—.TRASH T RE- Sit MOVAL. Fr RASH l.a g80.2002.A1an. }its PAYLESSREMOVAL— 01 HOnoL b.Yl Prlebin bwn �1 for Lrpu smbW.aeffiTB tr _ e BUY THIS SPACE FE S 875 TV ' Per Week � 1 On A 4 Week Schedule CALL: 967.2714 TREE SERVICE AA HAPPYNEWYEAR- 5Asteon all Ir..trlmminpl of a Go . A.loME CALLOell =f Morgans F Tree Pruningand j I Lawn Service i • Specialising In 1 'Pinning 'TdMhg S? *Thinning 'Removal 'Shaping 'Topping • Reasonable priceol Ur Free Estimates! e Call Us! 431-3983 QUALITY TREE CARE trimming,topping,nmovol. Free Estimates,969-2002 1 e TV/VIDEO STEREO SERVICE �rttttt� SCREEN ENCLOaunas — 1 Rucra.nlne of all kin at Sp nsialleing In Pool Enclo. .ur.., Aluminum a In..- let"roof.a eonartl..l.b. wMoney tlownl 100%FI- nan.lnpl Fru E.tlm.tol a." Boom[ es Gull., a Soraaning,Ino.997-0607, 475.8035. ar r. �i t c>r r I