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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1985-013Introduced by: yi_ M s Temp. #1179 Rev. 4/l/85 1 2 3 4 5 7 8 9 i0 -1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2B 31 32 33 34 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-85-_Z,_�3_ AN ORDINANCE REPEALING SECTION 28-86.1 OF THE TAMARAC CITY CODE (ORDINANCE 0-84-60) EN- TITLED "SPECIAL EXCEPTION FOR FOUR (4) STORY STRUCTURES IN R4-A ZONING DISTRICT"; PROVIDING FOR CODIFICATION; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY OF INVALID PROVISIONS; AND PROVIDING AN EFFES�.�Y�A�E • ._.._.__.._..r._.___._. .__ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: S,E_ N-1: That Section 28-86.1 of the Tamarac City Code (Ordinance 0--84-60) entitled "Special Exception for Four (4) Story Structures in R4-A Zoning District" which is attached hereto as Exhibit A is hereby repealed. SECTIQ�i__ 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 SECTION_3_: All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. 4: Should any section or provision of this Ordinance or any portion thereof, or any paragraph, sentence or word be declared by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 whole or any part hereof, other than the part declared to be invalid. ,SECTION 5: That this Ordinance shall take effect immediately upon its final approval. It shall govern devel- opment of all Four Story buildings in R4-A zones in the City that have not received City Council approval (Special Excep- tion or Final Site Plan) before the effective date. .PASSED FIRST READING thisZo_/-day of-�-. r 1985. PASSED SECOND READING this ay of _ __ , 1985. ATTEST: ASSISTANT CITY CLERK RECORD OF COUNCIL VOTE MAYOR: I HEREBY CERTIFY that I have approved the rm and correct- DIST 4: ness of this DINANCE. �-1 C DIST 3: A 11570032185/t DIST 2: DIST 1: KRA,VITZ /2. . C MIN GOTTES AN IN MUNITZ MR MAS ARO U U 1 2 .3 4 12 13 24 15 20 23 24 25 26 29 �0 33 34 35 36 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 consistent 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 followin; manner and subject to the following design criteria: (a) City council a22roval. 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 1 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 ?m shall conform to chapters 20 and 24, and to the city's th �ughfare plan, the area planning board's trafficway plans and the dedication of those roadways within the site, whose 12 function is determined to be the collection and conveyance of 13 both on -site and off -site vehicular traffic to established or 14 planned city roadways. A right-of-way for any roadway, public or 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 through the site. The use of parking aisles as the principal 70 means of on -site vehicular circulation is prohibited. Individual parking spaces shall not have direct access to local or collector streets. Bays, island and minor loops are the recommended methods 23 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 by pedestrians. 29 (f) Open s ace. There shall be 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 M 361 -2- I 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 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 Tamarac. 1U (h) Separation between buildings, The minimum distance 13 between buildings or wings of buildings on a site plan shall be 14 as provided in ARTICLE IIIB. TABLE OF MISCELLANEOUS RESIDENTIAL 1* ZONING DISTRICT REQUIREMENTS for buildings with three (3) floors and not exceeding a height of forty (40) feet. 4 (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. (j) Hei ht of trees. The minimum tree heights as provided Z3 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) percent of the net acreage shall be developed as open lakes and 29 canals. 10 (1) Reduced density. The development proposes to construct units at a density at least ten (10) percent less than that _P permitted in the effective comprehensive land use plan of the 33 City of Tamarac. 34 (m) Covenants and developer agreements. When submitting a 35 plan and request for a special exception under this section, the 36 applicant shall furnish the following: =10 2 2 3 4 8 9 h., 12 13 24 15 21 23 24 25 26 ?7 33 34 (1) A written statement containing the terms and 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. -4- 1 2 3 4, 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 this09�4�ay of 1984. 1 8 9 ATTEST: 12 33 24 a 20 21 23 24 25 26 ,12 33 34 ASSISTANT CITY CLERK I HEREBY CERTIFY that I have approved the form #d correctness of this Ordinancei/ RECORD OF COUNCIL VOTE MAYOR: KRAVITZ 6,;?� 7 DISTRICT4: V/M STEIN kZL DISTRICT3: C/M STELZER�- ¢r DISTRICT2: C/M MUNITZ DISTRICTI: C/M BERNSTEIN Ana, A� 0•-C