HomeMy WebLinkAboutCity of Tamarac Ordinance O-2023-007Temp Ord. No. 2526
April 12, 2023
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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
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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,
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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
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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;
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(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;
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(2)
(3)
(4)
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(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.
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(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
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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
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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
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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
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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.
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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.
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