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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2005-014Temp. Ord. #2085 — March 21, 2005 Revision No. 1 — June 16, 2005 Revision No. 2 — July 13, 2005 Page 1 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-2005- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AMENDING CHAPTER 24 ENTITLED, "ZONING", ARTICLE 111, "DISTRICT REGULATIONS", OF THE CITY OF TAMARAC CODE OF ORDINANCES BY CREATING DIVISION 25, "MXD MIXED USE DISTRICT", PROVIDING FOR THE REGULATION OF REDEVELOPMENT REVITALIZATION AND NEW CONSTRUCTION WITHIN THE MIXED USE DISTRICT TO INCLUDE THE FOLLOWING SECTIONS: 24-535, "PURPOSE AND INTENT", 24-536, "MIXED -USE CORRIDOR DESIGNATION", 24-537, "PERMITTED USES", 24-538, "PROPERTY DEVELOPMENT REGULATIONS", 24-539, "DEVELOPMENT INTENSITY", AND 24-540, "SPECIAL REGULATIONS", AND TO PROVIDE ADDITIONAL DEVELOPMENT REQUIREMENTS AND PROVISIONS FOR MIXED USE ZONED PROPERTIES (CASE NO. 14-Z-05); PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, a feasibility study entitled "57 th Street/Main Street Study" was completed by Civic Design Associates and approved by the City Commission on February 12, 2003, which determined the feasibility and appropriateness of creating a Main Street Program along a portion of NW 57 th Street; and WHEREAS, two (2) public workshops, October 19, 2004 and June 1, 2005, were held on the mixed use zoning district to provide information and to solicit comments from CODING: Words in 548ek thfflugh type are deletions from existing law; Words in underscored type are additions. Temp. Ord. #2085 — March 21, 2005 Revision No. 1 — June 16, 2005 Revision No. 2 — July 13, 2005 Page 2 the public on the district; and WHEREAS, it is determined to be in the best interest of the City of Tamarac to establish development requirements and provisions for Mixed Use zoned properties; and WHEREAS, Community Development staff researched this issue and decided upon development requirements and provisions for Mixed Use zoned properties that are in the best interest of the City; and WHEREAS, the Director of Community Development recommends approval of this ordinance amendment; and WHEREAS, the City Commission of the City of Tamarac has deemed it to be in the best interest of the citizens and residents of the City of Tamarac to amend Chapter 24 entitled, "Zoning", Article III, "District Regulations", of the City of Tamarac Code of Ordinances by creating Division 25, "MXD Mixed Use District", providing for the regulation of redevelopment revitalization and new construction within the Mixed Use District to include the following sections: 24-535, "Purpose and Intent", 24-536, "Mixed Use Corridor Designation", 24-537, "Permitted Uses", 24-538, "Property Development Regulations", 24- 539, "Development Intensity" and 24-540, "Special Regulations", and to provide additional development requirements and provisions for Mixed Use zoned properties. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: CODING: Words in struel( through type are deletions from existing law; Words in underscored type are additions. I I �1 I Temp. Ord. #2085 — March 21, 2005 Revision No. Revision No — June 16, 2005 2 — July 13, 2005 Page 3 SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of the Ordinance upon adoption hereof. SECTION 2: That Chapter 24, Article III, Division 25, "MXD Mixed Use District", of the City of Tamarac Code of Ordinances is hereby established with regulations as follows: DIVISION 25. IVIXD MIXED USE DISTRICT Sec. 24-535. Purpose and intent. The City Commission finds and determines that the I?urpose of the MXD Mixed Use District is to create vibrant social and economic centers within the City of Tamarac by encouragLng the mixture of complimenta!y mixed -used development. Mixed use shall consist of housing, retail, office, commercial services, recreational and civic uses and provide for roadway and pedestrian connections to residential areas. Furthermore, the Cit Commission finds and determines that the creation of the MXD Mixed Use District will serve to reinforce streets as public places within the City that encourage pedestrian and bicycle travel and also serve to encourage efficient land use by facilitating compact, higher density development and minimizing the amount of land that is needed for surface parking while reducing vehicle trips. It is also the intent of the City -Commission that this MXD Mixed Use District will serve to provide transitions between -neighborhoods and high traffic streets existing within the City of Tamarac. Sec. 24-536. Mixed -use corridor designation. In each MXD District there shall be designated a main pedestrian activity corridor. All properties abutting the MXD mixed use district corridor shall comply with Section 24- 540. Special Regulations. CODING: Words in strueli thfflUgh type are deletions from existing law; Words in underscored type are additions. Temp. Ord. #2085 — March 21, 2005 Revision No. 1 — June 16, 2005 Revision No. 2 — July 13, 2005 Page 4 (a) LIC 57 th Street bound on the east by University Drive and the west by NW 94 th Avenue Sec. 24-537. Permifted uses. In an MXD Mixed -Use District, no building, structure or land and water use shall be permitted except a§ -permitted by the permitted uses master list as set forth in Division 19 of this Article, Sec. 24-538. ProRerty deveippment requ[g#gn�. (a) Minimum lot area and dimensions in an MXD District shall be as follows: Area ....................... ........ 2 acres Width ....... ...... 300 feet Depth ...... ...................... 200 feet Frontage .................. ....... 300 feet Exception: For any pEoperties sWarated bV_!g__roadway and Loined twether at time of development, a unity of title shafi be required. Ub Minimum yard setback requirements shall be as follows: Mixed -Use District corridor frontage ............... 10 ft Build -to Line All other street frontages ............. 15 ft setback Rear ........ ..... ................................. 15 ft setback Side (interior) .................................................. 10 ft setback CODING: Words in struek t"ir-eurgh type are deletions from existing law; Words in wndqjrsoored type are additions. I F Temp. Ord. #2085 — March 21, 2005 Revision No. 1 — June 16, 2005 Revision No. 2 — July 13, 2005 Page 5 (c) Height shall be as follows: Minimum building height ......... ................. thirty -five (35) fee Maximum building height .................................. sixty (60) feet Exceptions: No portion of a building within 600 feet of existing single family residential property shall exceed fifty (5QIfeet in height. The maximum building height may be increased by ten (10) feet to accommodate elevator towers, mechanical equipment and screening, including parapet walls, clock or bell towers or other ornamental devices; provided, however, that-thetop horizontal area of all height encroachments shall not exceed more than fifteen percent (15%) of the area of the roof. Sec. 24.539. Development Intensity. Ua Residential Density. East of Pine Island Road: A maximum density for residential uses shall be ten (10) dwelling units/acre. West of Pine Island Road: A maximum density for residential uses shall be twenty-five 1251 dwelling units/acre. Ub Residential Density Increase. A residential density increase may be requestedin accordance with the provisions of the affordable housing density bonus rules of the Broward County Land Use Plan. An additional ten (110) dwellina units/acre mav be reauested for develODment east of Pine Island Road for a maximum of twenty (20) dwelling units/acre. Development west of Pine Island Road may reguest an additional ten (10) CODING: Words in strueli through type are deletions from existing law; Words in underscored type are additions. Temp. Ord. #2085 — March 21, 2005 Revision No. 1 — June 16, 2005 Revision No. 2 — July 13, 2005 Page 6 dwelling units/acres for a maximum of 35 dwelling units/acre. An increase in residential density requires review and approval by the Community Development Director. The impact of the added density must be compensated by one (1) or more of the following means: (a) Public open space (b) Additional pedestrian connections (c) Water feature (d) Additional street furniture (e) Public art. Lc) Allowable Plot Coverage and Floor Area Ratio. The maximum for plot coverage and Floor Area Ratio shall be aa-gpecified in Table 24-539(c) below. Table 24-539(c) Allowable Plot Coverage and Floor Area Ratio Building Height Coverage Floor Area Ratio 35' - 40' .30 .6o 41'— 50' .30 .90 51'— 60' .29 1.00 Exceptions: (1) Floor area ratio in Table 24-539(c) does not include parking structures. (2) The maximum plot coverage, including building and parking structures on @_U site shall not exceed eighty percent (80Loj of the total plot area, The minimum open space shall be twenty -percent (2Q L/olof the gross plo area. CODING: Words in struel( through type are deletions from existing law; Words in underscored type are additions. I Temp. Ord. #2085 — March 21, 2005 Revision No. 1 — June 16, 2005 Revision No. 2 — July 13, 2005 Page 7 Sec. 24.540. Special Regulations. f J1 Bulk and massir�q cegulations. (a) The development shall have its prima[y orientation towards the designated mixed use corridor: any buildings not primarily oriented towards the desicinated mixed use corridor shall be permitted if they are integrated through unified architecture, decorative walkways, and connecting pergola., breeze ways, other solid roof structures or other similar design features to assure that these buildings shall be accessible by pedestrians and shall constitute part of a unified, homo-genous development. All buildings with frontage along the designated mixed -use corridor shall not exceed 300 feet in length without a pedestrian walkway or vehicular drive at the ground floor to access parking behind the buildiM. Up A 1 0-foot build -to line shall be established for the first twenty-five (25) feet in elevation along the designated mixed -use corridor except to provide a vehicular access driveway if none can be provided from a secondary roadway. This build -to line requirement for the ground floor elevation maybe reduced to 0 feet if an arcade or colonnade is provided along the street front sidewalk. Any portion of a building along the designated mixed use corridor greater than twenty-five (25) feet in height shall be stepped back an additional ten (10) feet from the buildina facade of the lower floors. Le) A minimum of fifty percent (50%) of the ground floor fagade of the building fronta-ge along the designated mixed -use corridor shall consist of transparent elements such as windows, doors and other fenestration. All -ground floor space designed for pedestrian oriented uses shall have external entrances directly accessible from the public sidewalk space. At least one (1) external entrance shall be located along the frontage of the mixed -use designated corridor or on a corner intersection. Additionally, each building use shall have separate entrances and shall consist primarily of transparent materials. CODING: Words in struck through type are deletions from existing law; Words in underscored type are additions. Temp. Ord. #2085 - March 21, 2005 Revision No. 1 - June 16, 2005 Revision No. 2 - July 13, 2005 Page 8 02 Building functionality. La) A minimum of seventy-five percent (75yoLof the building- frontage along the designated mixed -use corridor shall contain ground floor uses desiqned . to accommodate retail, restaurant -entertainment, and other uses that promote pedestrian activity. The remaining maximum twe!2ty-five percent (25%) shall be dedicated to entrances, lobbies, customer driveways, architectural treatment, or non�pedestrian oriented uses. Double frontage lots shall have all vehicular access from a secondary roadway and not from the designated mixed -use corridor unless buildings are greater than 300 feet in width, Reverse frontage lots shall not be permitted. Uc Service access and service loading areas shall not be permitted alona a mixed -use designated corridor when access can be provided from a secondary roadway. Dumpsters shall be enclosed within --- buildings o screened from public view with architectural walls and/or landscaping. All rooftop mechanical equipment, stair and elevator towers shall be designed as an integral part of the building volume and/or adequately screened from public view with parapets and/or landscaping. -(e) All ground level mechanical equipment including all handling units, exhaust outlets, transformer boxes, electric switching units. -utility boxes, meters, etc. shall be appropriately screqufd-by planting and/or low walls wherever it cannot be concealed within the building volume. Q) Architectural standards. Ua Building entrances shall be emphasized through a change in mass or the incorporation of architectural features that include extrusions or recessions in the building fagade. Ub Ground street frontages shall be architecturally distinguished from the upper floor by -such means as a change in material, scale of openings, change of plane, etc. CODING: Words in struck through type are deletions from existing law; Words in underscored type are additions. Temp. Ord. #2085 — March 21, 2005 Revision No. 1 — June 16, 2005 Revision No. 2 — July 13, 2005 Page 9 Lc) In order to discourage blank fagades a minimum of two (2) different building materials and textures (excluding glass) shall be used on the building fagade. This may include, but is not limited to, modular unit masonry, either brick concrete block or cut stone, cement sidinq, stone -panels and architectural precast concrete panels. M A minimum of three (3) of the following architectural features shall be incorporated into the design of the building: varying rooflines, architecturally significant roof overhangs or cornices, prominent vertical features, repetitive architectural details, balconies, porches, clocks or bell towers, or projections and recesses in the fagade. Ue Due to the South Florida climate shading measures for buildings should be maximized, including but not limited to the following shading devices: roof overhangs, arcades, awnings, porches and verandahs, shutters, trellises or landscaping, Arcades and colonnades shall be at least eight (8) feet wide and twelve (12) feet high. Canopies, trellises, and similar unenclosed shade structures no greater than twelve (12) feet in height may be 12rovided at the ground level to enhance public outdoor uses and pedestrian gathering areas. �4j DesLqnated mixed -use corridor streetscape des4qn standards. These desian standards are to be used in coniunction with the reauirements of Chapter 11 of the City of Tamarac Code of Ordinances. At such time the City Commission adopts Design Guidelines with respect to the Mixed Used District, all develooment shall comr)lv with the aDolicable auidelines as mav be amended from time to time. Ua Sidewalks. A minimum thirteen(l 3) foot wide paver or stamped decorative concrete sidewalk shall be provided along the street front, including plant beds, however a minimum five (5) foot wide must remain clear of all obstructions to ensure adequate pedestrian circulation. (b) Pedestrian crossings. A minimum ten (1 Qj foot wide paver or stamped concrete band with a concrete divider shall be Drovided at all intersections. Uc On -street parking. On -street parking shall be reguired to promote ground floor retail activity. CODING: Words inStFuek thF8Hgh type are deletions from existing law; Words in underscored type are additions. Temp. Ord. #2085 — March 21, 2005 Revision No. I — June 16, 2005 Revision No. 2 — July 13, 2005 Page 10 Street furniture. Street furniture shall be part of the streetscape to encourage pedestrian activity. Benches shall be provided at a minimum of three hundred (300) foot intervals. Bicycle racks shall be provided at six hundred LQOO) foot intervals. Trash/recycling receptacles shall be provided at ev@M intersection. Pedestrian lighting shall not exceed fifteen (15) feet in overall height and shall be consistent in scale and style throughout the corridor as approved by the community development department. All street signs throughout the district shall be of a consistent style and scale. These may be located in the pedestrian areas as long as pedestrian flow patterns are continuous. Le) Landscaping. 11 Shade Trees shall be provided along the street front at a maximum spacing of forty (40) foot on center with an eight (8) foot continuous canopy sprea at planting i-with a three (3) inch caliper. Shade trees shall have a minimum heiaht of fourteen (14) feet at _pLantinq and maintain a minimum height of twenty-five (25) feet at matqfty. Str et trees may be placed in on -street parking bulb -outs or in sidewalk plant beds provided that a fifteen (15) foot minimum horizontal clearance from structures is maintained. Shade trees located in the median shall be spaced at intervals of no more than thirty (30) foot on center. 2) Palm trees shall be orovided three (3) feet to five (5) feet from the curbline located in sidewalk plant beds or 5'x 5' planters at intervals of no more than fifteen (151 feet on center. Large palms shall have a minimum height of sixteen (16) feet and small palms shall have a minimum height of eight (BLfeet. Palm trees located in the median shall bg-Maced at intervals of no more than thirty (3QLfoot on center. 3) Accent trees shall be provided in sidewalk plant beds at intervals of no more than twelve (12) foot on center. All species shall be native to Florida or have sub -tropic, drought tolerant characteristics. L5) Parking. CODING: Words inStFUO'( through type are deletions from existing law; Words in underscored type are additions. I I Temp. Ord. #2085 — March 21, 2005 Revision No. 1 — June 16, 2005 Revision No. 2 — July 13, 2005 Page 11 �qj Required on -site parking. All new development shall provide on -site parking in accordance with the provisions of Section 24-581, except as specified herein. Liner buildings if less than thirty (30) feet deep shall not have parking requirements. f bj Allowable reductions in reguired on -site parking. The required amount of on - site parkin_q may be reduced in accordance with any of the following provisions: CODING Shared parking. For mixed uses on the same site, the parking may be shared among the uses in accordance with the following provisions: 0i Calculate parking required for each use separately. ffli Refer to Table 24-540(5)(b)(2) for the permissible shared parking divisor for any two (2) uses. The minimum shared parking requirement is determined by dividing the sum of the parking required for each use inder)endentiv bv the divisor indicated for that Darticular combination of uses. Table 24-540(5)(b)(2) Shared Parking Divisors Residential Office Retail Lodgina Recreational Institutional Residential 1.0 - Office 1.4 1.0 Retail 1.2 1.0 - - Lodging 1.1 1.6 1.3 1.0 - Civic (recreational) 1.1 1.5 1.2 1.2 1.0 - Civic (institutbn_al 1.3 1-1 1.2 1.4 1.4 1.0 Example: A mixed use development combines residential and retail uses on one (1) site. Calculated separately, the residential reguires 120 ��Pqqes and the retail requires forty (40) ��paces. The permissible minimum parking for both uses combined is-1 33 §paces Ll 20+4Q)Zl. 2 j Words in strueli through type are deletions from existing law; Words in underscored type are additions. �cj 1181 CODING Temp. Ord. #2085 — March 21, 2005 Revision No. 1 — June 16, 2005 Revision No. 2 — July 13, 2005 Page 12 (�Hi) For deveigpments that mix three 3 or more uses on a site, a shared _U- parking reduction shall only be r)ermifted for one (1) combination of uses. The developer may use whichever combination yields the largest reduction in required parking, and then add the parking required for the other uses. Civ) Regardless of the result of the shared parking calculation, the total parking on a site shall not be reduced to an amount less than that required for any use by itself. Z) Connections to ad Lacentparking. Parking areas of adiacent properties are encouraged to interconnect to facilitate cross access and traffic flow through parkinglots. Parking areas designed to connect to adjoining or future adjoiniog lots -shall be granted a five percent (5%) reduction in the amount of required parking. This five percent f5%) reduction shall be deducted from the final calculated parking re�Luirernent, after all other eligible reductions are taken into consideration. Surface paLking areas and parking ra, -gjg�—qes. .1) Surface pating-areas and parking garages shall not front on the mixed - use designated corridor and parking garages must be lined with active uses on the ground floor level or screened from public view through the use of architectural treatment or landscape buffers. De.54 gn of surface parking areas. Surface parking areas shall be setback a minimum of fifty (50) feet from the roadway and shall, to the greatest extent practicable, be located behind the principal buildin_q. 2) Pedestrian circulation shall be considered in the design of parking areas. Pedestrian crosswalks shall be provided where necessary and pppro istinquished by textured or special paving such as priate, shall be dis�— brick pavers or stamped concrete, and shall be integrated into the pedestrian network of sidewalks. Words in stFuek thFOugh type are deletions from existing law; Words in underscored type are additions. I I I Temp. Ord. #2085 — March 21, 2005 Revision No. 1 — June 16, 2005 Revision No. 2 — July 13, 2005 Page 13 3) A fifteen (1 51-foot landscape buffer shall be provided adjacent to the publi right-of-way and internal landscaping shall be provided in accordance with the Drovisions of Sec. 11.9 (1) of the Tamarac Code. Ue Landscaping of parking lots. Landscaping and on -site water retentions shall be located in such a manner as to divide and break up the expanse of paving and provide a measure of shade and visual relief. Landscaping shall be located so as to enable the interconnection of parking aisles on abutting properties. SECTION 3: It is the intention of the City Commission and it is hereby ordained 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 Sections of this Ordinance may be renumbered or relettered and the word "Ordinance" may be changed to "Section", "Article" or such other word or phrase in order to accomplish such intention. SECTION 4: All Ordinances or parts of Ordinances, and all Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given affect without the invalid provision or CODING: Words in StFuelk thFeugh type are deletions from existing law; Words in underscored type are additions. Ternp, Ord. #2085 — March 21, 2005 Revision No. 1 — June 16, 2005 Revision No, 2 — July 13, 2005 Page 14 application, and to this end the provisions of this Ordinance are declared to be severable. k---. I . S I ", *' , . CODING: Words in StFHek thMugh type are deletions from existing law; Words in underscored type are additions. I I Temp. Ord. #2085 — March 21, 2005 Revision No. 1 — June 16, 2005 Revision No. 2 — July 13, 2005 Page 15 SECTION 6: This Ordinance shall become effective immediately upon its passage and adoption. PASSED, FIRST READING this b1cqtj dayof JUne 2005. PASSED, SECOND READING this 1.3ih day of JL)111-1 ATTEST: -�j4 SWENSON, CMI� CITY CLERK JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE. 1st Reading MAYOR SCHREIBER DIST 1: COMM. PORTNER, DIST 2: V/M TALABISCO DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS I HEREBY CERTIFY that I have approved this ORDINANCE as to form. RECORD OF COMMISSION VOTE: 2nd Reading MAYOR SCHREIBER A\je- DIST 1: COMM. PORTNER DIST 2: V/M TALABISCO Ai DIST 3: COMM. SULTANOF 44 Lo, DIST 4: COMM. ROBERTS -7 M�MUEL S. 60REN INTERIM CITY ATTORNEY commdev\u:\pats\userdata\wpdata\ord2085ord CODING: Words in struel( through type are deletions from existing law; Words in underscored type are additions. ,2005.