Loading...
HomeMy WebLinkAboutCity of Tamarac Ordinance O-2023-007Temp Ord. No. 2526 April 12, 2023 Page 1 of 12 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 2023 - 001 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AMENDING CHAPTER 10 OF THE CITY OF TAMARAC CODE OF ORDINANCES, ENTITLED "LAND DEVELOPMENT CODE" BY AMENDING ARTICLE 2 ENTITLED "ZONING DISTRICTS", BY SPECIFICALLY AMENDING SECTION 10-2.5, ENTITLED "PLANNED DEVELOPMENT DISTRICT", TO REMOVE DENSITY CAP LIMITS FROM THE PLANNED DEVELOPMENT ZONING DISTRICT DESIGNATION AND CREATING SECTION 10-2.5(C) TO ESTABLISH LOCAL ACTIVITY CENTER DISBURSEMENT GUIDELINES TO ALLOW FOR THE DISBURSEMENT OF RESIDENTIAL UNITS FROM THE AVAILABLE UNITS WITHIN THE LOCAL ACTIVITY CENTER IN ACCORDANCE WITH THE CITY'S COMPREHENSIVE PLAN ; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Article VIII, Section (1)(f) of the Florida Constitution and Section 125.01, Florida Statutes, grants local municipalities broad home rule authority to adopt ordinances to provide for health, safety, and welfare of the general public; and WHEREAS, the City of Tamarac has adopted a local Code of Ordinances, which serves as the regulatory document outlining the establishment and operation of land uses within the municipality; and WHEREAS, the City has duly established land development regulations contained in the Land Development Code, Chapter 10 of the City of Tamarac Code of Ordinances; and WHEREAS, Section 10-2.5 of the City's Land Development Code ("LDC") entitled, "Planned Development District", specifically defines the Purpose, Applicability and 137796910.1 Temp Ord. No. 2526 April 12, 2023 Page 2 of 12 Creation of Planned Development District (PD); and WHEREAS, the Purpose of Planned Development District (PD) as defined in Section 10-2.5(A)(1), only alludes to tracts of land that are part of a master development plan but omits individual lots or tracts of land that are also supported by an underlying Local Activity Center (LAC) designation; and WHEREAS, Subsection 10-25(B)(8) Densities/Intensities caps the total number of dwelling units permitted in a planned development district at thirty-five (35) dwelling units per acre (DU); and, WHEREAS, the current density cap does not support the ability to disburse available units currently held in the City's Future Land Use Map under the Local Activity Center designation; and WHEREAS, the Future Land Use Element of the Comprehensive Plan provides for existing residential density and available units for Townhomes, Garden Apartments and Midrise Apartments under the Local Activity Center designation; and WHEREAS, the Tamarac LAC is approximately 133.57 acres as established in the 2017 Broward County Land Use Plan and the City of Tamarac Comprehensive Plan, and currently located on the North side of Commercial Boulevard, from NW 94th Avenue to the west and to N. University Drive to east; and WHEREAS, there is no mechanism in place to disburse the units that are available in the LAC which was established to support a balanced mix of land uses characterized by compactness, pedestrian friendly design, neighborhood -scale and planning and design principles such as walkable neighborhoods oriented around the five-minute walk, 137796910.1 Temp Ord. No. 2526 April 12, 2023 Page 3of12 primary orientation toward public transit systems, a centrally located community -serving land use or land uses and greater integration of housing, employment, shopping and recreation at the neighborhood level; and WHEREAS, a cap of 35 DU is inadequate and overly restrictive to individual tracts of land that are supported by an underlying Local Activity Center designation where a substantial amount of units are available to be disbursed; and WHEREAS, Staff has reviewed the LDC and determined that lifting the residential density cap of 35 Dwelling Units Per Acre provides for greater flexibility to attract a mixed of land uses that is supported by the LAC; and WHEREAS, the aforementioned changes and the creation of a disbursement process , will provide for further functionality, applicability, and development opportunities for all lots and tracts of land with an underlying Local Activity Center (LAC) Land Use designation; and WHEREAS, the proposed amendment supports the City's Strategic Plan Goal #3, "Tamarac is Economically Resilient", Plan Goal #4, "Tamarac is Vibrant", Goal #5 "Tamarac is Smart and Connected", and Goal #6 "Tamarac is a Dynamic Workplace" by adequately addressing the appropriate purpose and applicability of "Planned Development District (PD) with an underlying Local Activity Center (LAC); and WHEREAS, the Director of Community Development recommends approval of the ordinance amendment; and WHEREAS, the City Commission of the City of Tamarac has deemed it to be in the best interest of the business owners, residents, and visitors to the City of Tamarac to 137796910.1 Temp Ord. No. 2526 April 12, 2023 Page 4 of 12 amend the LDC to provide purposeful and pertinent land and economic development opportunities. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AS FOLLOWS: Section 1. The foregoing recitals are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. Section 2. Chapter 10, Section 10-2.5, entitled "Planned Development District" of the LDC, is amended to read as follows: 10-2.5 Planned Development District (A) Purpose, Applicability and Creation of PD District (1) Purpose. The Planned Development (PD) district is established and intended to permit lots and tracts of land that are supported by an underlying Local Activity Center (LAC) land use designation to be planned and developed to support a high quality of life with a greater amount of flexibility by removing some of the detailed restrictions of conventional zoning. Lots to be planned and developed individually will benefit from inventive land planning and site design concepts that support a complimentary mix of residential and non-residential uses while optimizing the available land area. Tracts of land that are part of a master development plan will be able to achieve a high quality of development environmental sensitivity, energy efficiency, and other City goals and objectives (a) Reducing or diminishing the inflexibility or uniform design that sometimes results from strict application of zoning and development standards designed primarily for individual lots; 137796910.1 Temp Ord. No. 2526 April 12, 2023 Page 5 of 12 (b) Allowing -greater freedom in selecting the means of providing access open space, and design amenities; (c) Allowing greater freedom in providing a well -integrated mix of residential and nonresidential land uses in the same development including a mix of housing types, lot sizes, and densities: (d) Allowing more efficient use of land, with smaller networks of streets and utilities, and thereby lowering development and housing costs; and (e) Promoting quality design and environmentally sensitive development that respects surrounding established land use character and respects and takes advantage of a site's natural and man-made features, such as trees wetlands floodplains, and historic features. (f) Promoting "low impact design," also known as "LID," which seeks to minimize the hydrologic and water quality changes that result as part of site development. (2) Applicability (a) Individual lots are planned and developed to optimally utilize available land area by adopting innovative and creative design that supports mixed -use and efficient parking. (b) Tracts of land that are part of a master development plan Dli canned Developmen are planned and developed under unified control and in accordance with flexible standards and procedures that are conducive to creating more mixed -use, pedestrian -oriented and otherwise higher -quality development, as well as community benefits and amenities, than could be achieved through base zoning district regulations. (bc) The purpose of this subsection is to provide a uniform means for amending the Official Zoning Map to reclassify land to the Planned Development (PD) zoning district established in §10-2.5(A)(3) below. (3) Creation of PD District. The PD district is intended to encourage high -quality, mixed -use development that features innovative and creative design, yet is compatible with both surrounding existing development and available public infrastructure. The PD district is supported by an underlying Local Activity Center (LAC) land use designation. (B) General Standards for the Planned Development District Before approving a PD zoning district classification, the City Commission shall find that the application for the PD zoning district, as well as the PD Plan/Agreement included as part of the application, comply with the standards below. (1) PD Plan/Agreement. The PD Plan/Agreement shall: (a) Include a statement of planning objectives for the district; (b) Identify the general location of individual development areas, identified by land use(s) and/or development density or intensity; (c) Identify for the entire PD district and each development area the land area, types and mix of land uses, number of residential units (by use type), nonresidential floor area (by use type), residential density, and nonresidential intensity; 137796910.1 (2) (3) (4) Temp Ord. No. 2526 April 12, 2023 Page 6 of 12 (d) Identify the general location, amount, and type (whether designated for active or passive recreation) of open space; (e) Identify the location of environmentally sensitive lands, wildlife habitat, wetlands, and floodplains; (f) Identify the onsite transportation circulation system, including the general location of all public and private streets, existing or projected transit corridors, and pedestrian and bicycle pathways, and how they will connect with existing and planned city systems as supported by an applicant - provided traffic study; (g) Identify the general location of onsite potable water and wastewater facilities, and how they will connect to City systems; (h) Identify the general location of onsite stormwater management facilities, and how they will connect to City systems; (i) Identify the general location of all other onsite public facilities serving the development, including but not limited to parks, schools, and facilities for fire protection, police protection, EMS, stormwater management, and solid waste management. (j) Include conditions related to approval of the application for the PD zoning district classification; (k) Identify the community benefits and amenities that will be provided to compensate for the added development flexibility afforded by the PD district; and (1) Include any other provisions the City Commission determines are relevant and necessary to the development of the planned development in accordance with applicable standards and regulations. Consistency with City Plans. The PD zoning district designation and the PD Plan/Agreement shall be consistent with the purpose and standards of this section in addition to the comprehensive plan of the City of Tamarac and all applicable regulations for PD zoning designations. Compatibility with Surrounding Areas. Development along the perimeter of a PD district shall be compatible with adjacent existing or proposed development. Where there are issues of compatibility, the PD Plan/Agreement shall provide for transition areas at the edges of the PD district that provide for appropriate buffering and/or ensure a complementary character of uses. Determination of complementary character shall be based on densities/intensities, lot size and dimensions, building height, building mass and scale, hours of operation, exterior lighting, and siting of service areas. Development Phasing Plan. If development in the PD district is proposed to be phased, the PD Plan/Agreement shall include a development phasing plan that identifies the general sequence or phases in which the district is proposed to be developed, including how residential and nonresidential development will be timed, how infrastructure (public and private) and open space will be provided and timed, and how development will be coordinated with the City's capital improvements program. 137796910.1 Temp Ord. No. 2526 April 12, 2023 Page 7 of 12 (5) Conversion Schedule. The PD Plan/Agreement may include a conversion schedule that identifies the extent to which one type of residential use may be converted to another type of residential use, such as multi -family dwellings to single-family dwellings, and one type of nonresidential use may be converted to another type of nonresidential use, such as office use to retail sales use. Such conversions may occur within development areas and between development areas as long as they occur within the same development phase, as identified by the approved development phasing plan, and are consistent with established extents of conversion set down in the conversion schedule. (6) Onsite Public Facilities (a) Design and Construction. The PD Plan/Agreement shall establish the responsibility of the developer/landowner to design and construct or install required and proposed onsite public facilities in compliance with applicable City, state, and federal regulations. (b) Dedication. The PD Plan/Agreement shall establish the responsibility of the developer/landowner to dedicate to the public the rights -of -way and easements necessary for the construction or installation of required and proposed on -site public facilities in compliance with applicable City, state, and federal regulations. (c) Modifications to Street Standards. In approving a PD Plan/Agreement, the City Commission may approve modifications or reductions of City street design standards, including those for right-of-way widths, pavement widths, required materials, and turning radii. Such modifications shall be reviewed and approved by the Fire and Public Service departments during PD Plan/Agreement approval, on finding that: (i) The PD Plan/Agreement provides for separation of vehicular, pedestrian, and bicycle traffic as supported by an applicant -provided traffic study; (ii) Access for emergency service vehicles is not substantially impaired; (iii) Adequate off-street parking is provided for the uses proposed and as supported by an applicant -provided parking study; and (iv) Adequate space for public utilities is provided within the street right-of- way. (7) Uses. Allowed principal, accessory, and temporary uses in a particular PD district shall be established in the PD Plan/Agreement, subject to conversion in accordance with a schedule incorporated in the PD Plan/Agreement in accordance with §10-2.5(B)(5), Conversion Schedule. Allowed uses shall be consistent with the City's Comprehensive Plan, Local Activity Center (LAC) designation, and the purpose of this section. The nonresidential uses in the PD district are restricted to the uses permitted in the City's mixed -use districts. (8) Densities/Intensities. The total number of dwelling units permitted in a planned development shall not exceed 85 an initial 50 dwelling units/acre. Bonus density greater than 50 dwellina units/acre may be acauired through assignment of LAC units as outlined in Section 10-2.5(C). The densities for residential development 137796910.1 Temp Ord. No. 2526 April 12, 2023 Page 8 of 12 and the intensities for nonresidential development applicable in each development area of a PD district shall be as established in the PD Plan/Agreement and shall be consistent with the comprehensive plan Local Activity Center (LAC) land use designation other adopted special area and City plans, and with the purpose of the PD district. (9) Dimensional Standards (a) All planned developments shall contain a minimum of ten acres of contiguous land unless the Community Development Department finds that a tract that contains less than ten acres is suitable as a planned development by virtue of: (i) Its location within a quarter mile of access to mass transit; or (ii) Provision of mass transit access in the proposed PD. (b) This minimum may be waived by the City Commission upon the recommendation of the Community Development Director. (c) The dimensional standards applicable in each development area of a PD district shall be as established in the PD Plan/Agreement and shall be consistent with the Comprehensive Plan, LAC designation, other adopted special area and City plans and with the purpose of the PD district. (d) The PD Plan/Agreement shall include at least the following types of dimensional standards, unless the PD Plan/Agreement expressly states otherwise: (i) Maximum dwelling units per acre (residential development) and/or maximum floor area ratio (nonresidential development); (ii) Minimum net lot area; (iii) Minimum lot width; (iv) Maximum impervious surface area; (v) Maximum structure height; (vi) Maximum individual building size; (vii) Minimum and maximum setbacks; and (viii) Minimum setbacks from adjoining residential development or residential zoning districts. (10) Site Development Standards/Features. All development in a PD district shall comply with the development standards established in the PD Plan Agreement as consistent with City plans, the objective of the particular type of development standard, and the purpose of the PD district. (a) Off Street Parking (i) Because of the unique land uses and design characteristics of projects zoned PD, the minimum parking space requirement and design shall be determined on a project -by -project -basis. (ii) The applicant may propose parking that does not meet minimum Code requirements, in which case the applicant shall submit a parking study prepared by a registered traffic engineer. (iii) At a minimum, the parking study shall include the number of proposed parking spaces, public transit ridership statistics, and justification for 137796910.1 Temp Ord. No. 2526 April 12, 2023 Page 9of12 any deviations from the requirements of this Code for off-street parking and loading. (iv) The study shall be reviewed and approved by the Director of Community Development or his/her designee. (v) Parking and traffic studies shall be required to be submitted as part of a complete application package demonstrating required parking to support the planned development. (b) Underground Utilities (1) All onsite utilities shall be installed underground. (ii) Large transformers shall be placed on the ground within pad mounts, enclosures, or vaults. (iii) The developer shall provide adequate landscaping to screen all above ground facilities in a manner not inconsistent with the requirements of the applicable utility provider. (c) Landscaping, Buffering and Building Design (i) Landscaping shall meet all the requirements of §10-4.4, Landscaping and Tree Preservation. Modification of §10-4.4 may be requested in the PD Plan/Agreement and must be explicitly listed in the PD Agreement and PD Plan. (ii) The applicant shall be responsible for all architectural review costs incurred by the City in association with the review of the building's design. (d) PD Plan/Agreement Development Standards. The Plan/Agreement shall include at least the following types of development standards, unless the PD Plan/Agreement expressly states otherwise: (i) Total onsite parking spaces; (ii) Landscaping to included total trees and shrubs; (iii) Minimum and maximum open space; and (iv) Percentage pervious and non -pervious area. (e) Stormwater Management Standards. All development in a PD district shall comply with the standards of §10-4.5(E), Stormwater Management, that are in place at the time of Site Plan Approval application acceptance (see §10-6.4.6, Site Plan Approvao. Section 3. Chapter 10. Section 10-2.5 (C) is created to read as follows: (C) Assignment of Residential LAC Units (1) Procedures: Utilization of Local Activity Center (LAC) residential units shall minimally require a binding and buildable site plan review and approval, in addition to applications for other development orders or approval prerequisites to applying for buildina permits. The utilization of LAC residential units shall be included in the 137796910.1 Temp Ord. No. 2526 April 12, 2023 Page 10 of 12 Planned Development Agreement, adopted by an ordinance of the city governing body heard as a legislative agenda item. In any development order or approval where the utilization of LAC residential units is requested, the Development Review Committee (DRC) and the Planning Board shall review the application as to the policy considerations set forth in this section and in the comprehensive plan and shall make recommendations to the City Commission. (2) Policy Considerations applicable to utilizing the LAC residential units. The following are the guiding policy considerations that the City will evaluate in its legislative review when deciding whether to enact an ordinance that allocates or utilizes any portion of the LAC residential unit allowance for a particular parcel of property: (a) The extent to which the proposed development is consistent with specific goals, objectives or policies of the city comprehensive plan (including specifically, the goals objectives, and policies of the local activity center future land use designation; (b) The extent to which the proposed development meets the policy objective of the City for the provision of Affordable Housing as specified in Section 17-60, or any Inclusionary Zoning policy of the City of Tamarac Code or Broward County Land Use Plan, or whichever the City elects to use at its sole discretion; (c) The extent to which LAC residential units will remain available for future use by the city under this section's requirements and under any possible regulatory scheme; (d) The extent to which the utilization of LAC residential units serves or does not serve the public's health, safety, or welfare; (e) The extent to which the utilization of the LAC residential units serves the future land use and needs of the community; (f) The extent to which the project proposed incorporates a non-residential component and is a mixed -use project; (q) Such other policy considerations that may not be set forth above, but which are nonetheless considered by the City Commission to be reasonable and appropriate under the circumstances. Section 4. It is the intention of the City Commission of the City of Tamarac that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Tamarac, Florida, and that the Sections of this ordinance may be renumbered, re -lettered and the word "Ordinance" may be changed to "Section", "Article" or such other 137796910.1 Temp Ord. No. 2526 April 12, 2023 Page 11 of 12 word or phrase to accomplish such intention. Section 5. That all Ordinances or parts of Ordinances, Resolutions, or parts thereof in conflict herewith, be and the same are hereby repealed to the extent of such conflict. Section 6. Should any section, provision, paragraph, sentence, clause of word of this Ordinance or portion hereof be held or declared by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall be considered as eliminated and shall not affect the validity of the remaining portions or applications of this Ordinance. Section 7. This Ordinance shall become effective upon adoption. [THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK] 137796910.1 Temp Ord. No. 2526 April 12, 2023 Page 12 of 12 PASSED, FIRST READING this gf day of Mfi�C4 , 2023. PASSED, SECOND READING this /a*` day of APR-) L_ , 2023. i MIC LE J. 6b9EZ_,IQl4OR ATTEST: KWIJERLY-IJILWN, CMC CITY CLERK RECORD OF COMMISSION VOTE -1st Reading MAYOR GOMEZ: DIST 1: V/M BOLTON_ DIST 2: COMM. WRIGHT DIST 3: COMM. VILLALOBOS No DIST 4: COMM. DANIEL y RECORD OF COMMISSION VOTE:21d reading MAYOR GOMEZ: `i Cs DIST 1: V/M BOLTON DIST 2: COMM. WRIGHT `I DIST 3: COMM. VILLALOBOS DIST 4: COMM. DANIEL APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND RELIAINCE OF THE CITY OF TAMARAC ONLY. HANS TTINOT,' CI ATTORNEY This Ordinance was filed in the Office of the City Clerk on this day of _ 2023. 137796910.1