HomeMy WebLinkAboutCity of Tamarac Ordinance O-1984-0601
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Introduced by Temp. Ord. 1133 Date: 9/19/84
As Amended
CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0--84-4c,
AN ORDINANCE CREATING CITY CODE SECTION 28-86.1 SPECIAL
EXCEPTION FOR FOUR (4) STORY STRUCTURES IN R-4A ZONING
DISTRICT, NOT EXCEEDING THE PRESENT FORTY (40) FOOT MAXIMUM
BUILDING HEIGHT LIMITATION, PROVIDING FOR THE MANNER IN
WHICH THE SPECIAL EXCEPTION SHALL BE OBTAINED AND THE REQUIRED
DESIGN CRITERIA; PROVIDING FOR CODIFICATION: PROVIDING FOR A
REPEALER: PROVIDING FOR A SEVERABILITY OF INVALID PROVISIONS;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Planning Commission for the City of Tamarac has
determined the basis upon which four (4) story structures can be
constructed in R-4A zoning districts consistant with the City's
desire to protect nearby residential property; and
WHEREAS, the City Council for the City of Tamarac has
reviewed the recommendations of the Planning Commission and has
determined at a public hearing the need to revise the applicable
sections of Tamarac's City Code.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
TAMARAC, FLORIDA:
SECTION 1:
That Sec. 28-86.1, "Special exception for four
(4) story structures in R--4A zoning district" of the Tamarac City
Code is created to provide as follows:
"Sec. 28-86.1 Special exception for four (4) story structures in
R-4A zoning district.
Whenever a development within a R-4A zoning district proposes
one or more four story buildings, a special exception shall be
required. Such special exception shall be obtained in the followinc
manner and subject to the following design criteria:
(a) City council approval. A special exception for multiple
structure development on one plot may be granted by resolution of
the city council, in accordance with Chapter 28 - Article XXII.
EXCEPTIONS AND MODIFICATIONS, DIVISION 2. SPECIAL EXCEPTIONS.
(b) Condominium, rental or cooperative. All units shall be
2 subject to the same requirements for provisions, maintenance and
2 operation of open space, buildings and recreation facilities
3 required by the Code of the City of Tamarac, whether they are
4 rental property or condominium or cooperatively owned property.
(c) Vehicular circulation system. There shall be a vehicular
circulation system to provide unimpaired flow of vehicular traffic,
both public and private, through a collector roadway allowing
8 ingress and egress to the site, and whenever applicable, such
9 circulation syF 2m shall conform to chapters 20 and 24, and to
the city's th,,, aughfare plan, the area planning board's trafficway
plans and the dedication of those roadways within the site, whose
22 function is determined to be the collection and conveyance of
23 both on -site and off -site vehicular traffic to established or
24 planned city roadways. A right-of-way for any roadway, public or
2--5 private, shall be no less than fifty feet in width.
(d) Parking areas. Parking areas shall be located so as to
minimize conflicting movements between vehicles maneuvering in
parking aisles and those vehicles traveling into, out of or
9 through the site. The use of parking aisles as the principal
20 means of on -site vehicular circulation is prohibited. Individual
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parking spaces shall not have direct access to local or collector
streets. Bays, island and minor loops are the recommended methods
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for handling parking design.
24 (e) Pedestrian circulation system. There shall be an
25 interior pedestrian circulation system designed to provide residents
26 with access to their homesites, their parking areas and areas of
interest on the site. These systems shall tie to adjacent properties
to provide for community circulation b
p y y pedestrians.
29 (f) en O space. There shall be � p provided on the site an
area equal to not less than forty-five percent of the area of the
site which is open and undeveloped, with either buildings or
pavement for parking, drives or roadways. Public or semipublic
33 areas, including setbacks, bicycle paths, sidewalks, pedestrian
34 ways and approved canals, lakes, ponds and water areas located
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1 wholly within the development may be included as part of the
2 required open space. Also, recreational facilities, including
3 swimming pools and decks, golf courses and open recreational
4 areas, may be included as part of the required open space where
they are located wholly within the development. However, any
area allocated to a golf course or a body of water shall not
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account for more than twenty-five percent each of the required
8 open space.
9 (g) Height of buildings. No building shall exceed the
height of forty (40) feet as provided in the Code of the City of
t Tamarac.
12 (h) Separation between buildings., The minimum distance
23 between buildings or wings of buildings on a site plan shall be
14 as provided in ARTICLE IIIB. TABLE OF MISCELLANEOUS RESIDENTIAL
1.5 ZONING DISTRICT REQUIREMENTS for buildings with three (3) floors
and not exceeding a height of forty (40) feet.
(i) Setbacks. The building setbacks within a development
shall be ten feet from any parking area and the setbacks shall
be as provided in ARTICLE IIIB. TABLE OF MISCELLANEOUS RESIDENTIAL
20 ZONING DISTRICT REQUIREMENTS for buildings with three (3) floors
and not exceeding a height of forty (40) feet.
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(j) Height of trees. The minimum tree heights as provided
23 in Sec. 6-13(b) shall be increased so that there shall be a minimum
24 of two (2) trees, at least fifteen (15) feet high, or three (3)
25 trees at least thirteen (13) feet high, when planted, per unit.
26 (k) Additional drainage requirements. In addition to
drainage requirements as provided for in Sec. 24.28.1, five (5)
d
percent of the net acreage shall be developed as open lakes and
29 canals.
�d (1) Reduced density. The development proposes to construct
units at a density at least ten (10) percent less than that
permitted in the effective comprehensive land use plan of the
33 City of Tamarac.
34 (m) Covenants and developer agreements_ When submitting a
i5 plan and request for a special exception under this section, the
36applicant shall furnish the following:
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(1) A written statement containing the terms and
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provisions of any protective covenants or private restrictions
which have been filed or will affect the individual lots thereof,
including the method by which the covenants and restrictions will
be caused to run with the land and be enforced. The form of such
covenants and restrictions shall be approved by the city attorney
prior to the granting of a special exception under this section.
(2) A written statement containing proposals regarding
cash payment in lieu of land dedication or covenants, or both,
regarding park and recreation dedication required by chapters 20
and 24 and pursuant to article IV of chapter 20. The city attorney
and city council shall review and approve the form of the proposed
cash payment prior to the granting of a special exception under
this section.
(3) This section contemplates that the restrictions
and covenants will have long term durations, with renewability
features, and will be drafted in a form not violative of the rule
against perpetuities.
(n) Definitions. For purposes of this section, the applicable
definitions shall be as applied to Sec. 28-86.
SECTION 2: Specific authority is hereby granted to codify
this Ordinance.
SECTION 3: All Ordinances or parts of Ordinances in conflict
herewith are hereby repealed to the extent of such conflict.
SECTION 4: Should any section or provision of this Ordinance
or any portion thereof, 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
invalid.
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SECTION 5: This Ordinance shall become effective immediately
upon its final pasage and shall govern all approvals.
PASSED FIRST READING this le-oday of ��� , 1984.
PASSED SECOND READING this.9�4�ay of 1984.
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ATTEST:
ASSISTANT CITY CLERK
I HEREBY CERTIFY that I have
approved the form d correctness
of this Ordinance J'
CI
RECORD OF COUNCIL VOTE
MAYOR:
KRAVITZ
DISTRICT4:
V/M STEIN
DISTRICTS:
C/M STELZER
DISTRICT2:
C/M MUNITZ,�
DISTRICTI:
C/M BERNSTEIN
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