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Home My WebLink AboutCity of Tamarac Ordinance O-2006-002Temp. Ord. #2104 October 18, 2005 Page 1 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-2006-0,2 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AMENDING CHAPTER 24 OF THE CODE OF ORDINANCES ENTITLED; "ZONING", ARTICLE III ENTITLED, "DISTRICT REGULATIONS", DIVISION 7 ENTITLED, "R-3 LOW DENSITY MULTIFAMILY RESIDENTIAL DISTRICT', AMENDING SECTION 24-193 ENTITLED, "PERMITTED USES", ELIMINATING THE REQUIREMENT FOR SPECIAL EXCEPTION APPROVAL AND REQUIRING THAT NEW RESIDENTIAL DEVELOPMENTS ADHERE TO THE SITE DESIGN AND PERFORMANCE STANDARDS SET FORTH IN SECTION 24-250 (CASE NO. 22-Z-05); PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Community Development staff has reviewed Article III, entitled "District Regulations", Division 7, entitled "R-3 Low Density Multifamily Residential District", as contained within Chapter 24 entitled, "Zoning", as it relates to development of parcels located within the R-3 zoning district; and WHEREAS, Community Development staff acknowledges that updating text relating to requirements within Division 7 is necessary in order to reflect changing development patterns and trends; and CODING: Words in s#rt►ekthrsegh type are deletions from existing law; Words in underscored type are additions. Temp. Ord. #2104 October 18, 2005 Page 2 WHEREAS, Ordinance No. 74-61 amended the City of Tamarac Code of Ordinances by creating a new article containing regulations for the R-3 District; and WHEREAS, Ordinance No. 74-24 amended the R-3 District by requiring multiple dwellings and multiple dwelling development receive Special Exception approval; and WHEREAS, Section 24-193(2) currently requires that multiple dwelling developments proposed in the R-3 zoning district receive Special Exception approval subject to the provisions established in Section 24-250 for the R-4A zoning district; and WHEREAS, Section 24-250 as it relates to the R-4A zoning district provides specific criteria for Special Exception approval, including vehicular and pedestrian circulation; parking areas; open space; length of buildings; separation of buildings; setbacks and covenants and developers agreements; and WHEREAS, Community Development staff currently utilizes the criteria listed in Section 24-250 in part to review new multifamily site plan proposals; and WHEREAS, Community Development staff conducted research into the requirements of other municipalities in Broward County as it relates to allowable uses and standards in multifamily residential districts, and found that multifamily structures are permitted by right in such districts, subject to Site Plan approval, Rezoning and Land Use Amendment approvals (if necessary), consistency with the local Comprehensive Plan, and adherence to all applicable city codes including certain standards as related to site design, performance standards and aesthetic requirements; and CODING: Words in StFUGli thFOUgh type are deletions from existing law; Words in underscored type are additions. Temp. Ord. #2104 October 18, 2005 Page 3 WHEREAS, the City Commission of the City of Tamarac has deemed it to be in the best interests of the citizens and residents of the City of Tamarac to amend Chapter 24 of the Code of Ordinances entitled, "Zoning", Article III entitled, "District Regulations", Division 7 entitled, "R-3 Low Density Multifamily Residential District", amending Section 24-193 entitled, "Permitted Uses", eliminating the requirement for Special Exception approval and requiring that new residential developments adhere to the site design and performance standards set forth in Section 24-250. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: 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: Chapter 24 of the Code of Ordinances of the City of Tamarac, Florida entitled, "Zoning", Article III entitled, "District Regulations", Division 7 entitled, "R-3 Low Density Multifamily Residential District", Section 24-193 entitled, "Permitted Uses", eliminating the requirement for Special Exception approval and requiring adherence to site CODING: Words in StMek thFOUgp type are deletions from existing law; Words in underscored type are additions. Temp. Ord. #2104 October 18, 2005 Page 4 design and performance standards set forth in Section 24-250 are hereby amended to read as follows: Sec. 24-193. Permitted uses. In R-3 districts, no building or structure or part thereof shall be erected, altered or used, or land or water used, in whole or in part, for other than one (1) or more of the following uses: (1) Any use permitted in an R-1 B, R-1 C, R-2 or R-3U district, subject to the limitations, requirements and procedures specified for such use; (2) Multiple dwellings, "�'�^�'^^Q ^^^f^''^^�'"^All new multiple dwelling develo ment and . redevelopment proposals shall comply with site design and performance standards as contained in Section 24-250• (3) Public, private or parochial elementary, junior or senior high schools; private and parochial schools shall offer curricula substantially equivalent to public schools of comparable grades and shall meet the academic requirements of the state department of education; (4) Uses accessory to any of the above uses, not involving the conduct of any business, trade, occupation or profession, including a distributortransformer station for direct service to customers. (Code 1975, § 28-53) CODING: Words in sVU& thFOUgh type are deletions from existing law; Words in underscored type are additions. fl 1 Temp. Ord. #2104 October 18, 2005 Page 5 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 application, and to this end the provisions of this Ordinance are declared to be severable. CODING: Words in etrueli thFeugh type are deletions from existing law; Words in underscored type are additions. Temp. Ord. #2104 October 18, 2005 Page 6 SECTION 6: This Ordinance shall become effective immediately upon its adoption. PASSED, FIRST READING this 1 14*) day of D66(®M19C,( , 2005. PASSED, SECOND READING this l 14�)day of JOnUolf`f , 2006. r JOE SCHREIBER ` MAYOR ATTEST: i MARION SWENSO , CMC RECORD OF COMMISSION VOTE: 1st Reading MAYOR SCHREIBER Ave CITY CLERK 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 DIST 1: COMM. PORTNER DIST 2: V/M TALABISCO DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS 61 S UEL GA6EN CITY ATTOR F commdev\u:\pats\userdata\wpdata\ord\2104ord CODING: Words in stFUek thFeUgh type are deletions from existing law; Words in underscored type are additions.