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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2006-020Temp Ordinance #2124 November 3, 2006 Page 1 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 2006-�,Q AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA; CREATING A NEW CHAPTER WITHIN THE CITY OF TAMARAC CODE OF ORDINANCES ENTITLED "S-2 RECREATIONAL DISTRICT"; PROVIDING FOR FINDINGS AND CONCLUSIONS EVIDENCING THE INTENT OF THE CITY COMMISSION TO CREATE THE AFORESAID ZONING CATEGORY WITH ITS ATTENDANT USES, RESPONSIBILITIES AND OPPORTUNITIES; PROVIDING FOR DEFINITIONS; PROVIDING FOR SCOPE; PROVIDING FOR PURPOSE AND INTENT; PROVIDING FOR MULTIPLE ZONING REQUIREMENTS; PROVIDING FOR PERMITTED USES; PROVIDING FOR GENERAL REGULATIONS; PROVIDING FOR LANDSCAPE REQUIREMENTS; PROVIDING FOR BUILDING/STRUCTURE HEIGHTS; PROVIDING FOR PLOT SIZE; PROVIDING FOR WALLS AND FENCES; PROVIDING FOR DESIGN CRITERIA; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Tamarac (hereinafter referred to as the "City"), and periodically reviews and evaluates its Comprehensive Land Use Plan (the "Plan"), and in addition to the City's Land Development Regulations ("LDR's"), all pursuant to the terms, conditions and provisions of Chapter 163, Florida Statutes; WHEREAS, The City of Tamarac is a dynamic, growing and expanding municipality which presents multiple development and zoning options which are consistent with the Plan and the LDR's; and CODING: Words in Strife through type are deletions from the existing law; Words in underscore type are additions SSG:mp U:\Legislation\Draft Legislation Received\Nov. 22\S-2 Ordinance Draft (2).doc Temp Ordinance #2124 November 3, 2006 Page 2 WHEREAS, it has come to the attention of this City Commission that there does not currently exist within the City's LDR's a zoning category and/or District which encompasses and characterizes a recreational district to provide for tourist accommodations and support facilities for the existing S-1 Zoning District and expressly for uses located within a golf course community that includes both S-1 Zoning and compatible residential zoning and its specific uses; and WHEREAS, it is further found and determined by the City Commission that limited property remains within the City for future development and/or redevelopment and that it is incumbent upon this City Commission to properly regulate and gauge such development and/or redevelopment in a fashion which exemplifies the purpose and intent of the Plan, the LDR's and the future land use map of the City; and WHEREAS, the City Commission has consulted with land planning professionals and experts engaged to assist the City in addition to the City's administration and internal professional staff, all of whom have assisted in the development and creation of this Ordinance and its intended applications throughout the City; and WHEREAS, the adoption, promulgation and implementation of this Ordinance will serve to benefit the health, safety, and welfare of the all of the citizens and residents of the City of Tamarac and serves both a municipal and public purpose in connection therewith. 1 CODING: Words in StFike thFeugh type are deletions from the existing law; Words in underscore type are additions SSG:mp U:\Legislation\Draft Legislation Received\Nov. 22\S-2 Ordinance Draft (2).doc Temp Ordinance #2124 November 3, 2006 Page 3 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses 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: Section 13 entitled "S-2 Recreational District is created as follows: DIVISION 13. S- 2 RECREATIONAL DISTRICT Sec. 24-316. Definitions. The following words terms and phrases, when used in this division shall have the meanings ascribed to them in this section: Fitness center. A designated area within a resort hotel in which facilities are provided for guests for recreational athletic activities including, but not limited to body-building and cardiovascular training or exercise. Fitness centers shall contain a minimum of 500 square feet of floor area. Office center. An area within a resort hotel that provides hotel guests with computer and internet access, computer_ printer, copying and facsimile services. Resort hotel. An establishment licensed by the State of Florida that provides sleeping accommodations for pay for overnight guests, and containing accessory retail and service establishments. A resort hotel shall at a minimum have a central switchboard; provide daily -room cleaning service provide in -room food service at least eighteen 18 hours per day; and, shall have a regularly staffed concierge service,porter service and valet parking. _ Resort hotels also feature the required accessory uses specified in Section 24-320 of this Division. The resort hotel structure shallprovide elevator service to all _floors above grade. A resort hotel includes ancillary structures for permitted ancillary„ uses. Restaurant, full service. An establishment where food and beverages are ordered from a printed menu distributed to patrons seated at a table; and where the orders are CODING: Words in "4riL ou type are deletions from the existing law; Words in underscore type are additions SSG:mp UALegislation\Draft Legislation Received\Nov. 22\S-2 Ordinance Draft (2).doc Temp Ordinance #2124 November 3, 2006 Page 4 prepared, served by restaurant waitstafF to the seated patrons, and consumed_ patrons at the table at which they are seated. Spa. An establishment that provides one or more of the following personal services for men or for women: Hairstyling, manicure, pedicure, facials, massage therapy, saunas or steam rooms. Spas may also feature shower rooms lockers changing rooms or fitness facilities. Sec. 24-31 i. Scope. Theregulations contained in this division shall apply to all S-2 Recreational Districts. Sec. 24-318. Purpose and intent. The S-2 Recreational District is intended to implement the Commercial Recreation land use designation as shown on the City of Tamarac adopted future land use plan map. The purpose and intent of the Recreational District is to provide for tourist accommodations and support facilities for S-1 uses located within a golf course community that includes both S-1 zoning and residential zoning_ Sec. 24-319. S-2 zoning requirement. A Developer's Agreement, which meets all of the applicable requirements of Ch. 163, F.S. shall be fully executed by the owner or proposed developer of the proposed S-2 lands, and the appropriate City officials prior to consideration by the City's_ Planning Board or City Commission of any S-2_ rezoning application. Sec. 24-320. Permitted uses. In the S-2 District 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 the following uses: Primary Use: Resort Hotel CODING: Words in S..�*r„ke through type are deletions from the existing law; Words in underscore type are additions SSG:mp UALegislation\Draft Legislation Received\Nov. 22\S-2 Ordinance Draft (2).doc 1 1 1 Accessory Uses: Required Bar Fitness center Meeting or conference facilities Office center Restaurant full service Spa Sundry or gift shop Swimmina Pool Sec. 24-321. General regulations. Temp Ordinance #2124 November 3, 2006 Page 5 Optional ional Clothing store Golf pro shop Golf clubhouse facilities Jewelry shop The folloyAng general regulations shall apply unless otherwise provided for in the Developer's Agreement specified in Sec. 24-319 of this Article: 1 Accesso uses whether required or optional, shall not comprise less than fifteen 15percent of the combined gross square footage of the resort hotel buildings. (2) All guest rooms shall be accessed from the interior of the structure. 3 Swimming pools, whether located indoors or outdoors shall not count toward the minimum accesso usesquare footage requirement. 4 The following accessory uses shall be located within the structure of the prima use: Bar, meeting or conference facilities; office center; and sund or gift shop. Other accessory___ uses, whether required or optional, may be located within accessory structures exce t for swimming pools and outdoor bars to serve swimming pool guests, which may -be located outdoors and contiguous to either the primary structure or an ancillary structure. 5 The combined gross square footage of meeting or conference facilities shall accommodate aminimum of 250 persons. (6) The required full service restaurant, or total of all full service restaurants within the primary structure shall have a minimum of 4,000 gross square feet of patron dining room area and one or more or a combination thereof, of the full service restaurants shall provide breakfast lunch and dinner to both resort hotels guests and members of the general public. CODING: Words in Strike t reu F type are deletions from the existing law; Words in underscore type are additions SSG:mp UALegislation\Draft Legislation Received\Nov, 22\S-2 Ordinance Draft (2).doc Temp Ordinance #2124 November 3, 2006 Page 6 (7) Guest rooms within the resort hotel shall not contain a wet bar or sink, other_ than that provided in the bathroom; microwave; stove or -oven; or, refrigerator other than minibar refrigerators, 8 Guest rooms within the resort hotel shall not be under separate ownership and shall not be assigned by lease agreement_or_similar instrument. 9 There shall be only one primary use structure on each plot of land zoned S-2. 10 There shall be not more than one 1 S-2 zoning District to serve each golf course community in which the S-2 District is located. Sec. 24-322. Plot size. The minimum plot size of an S-2 District shall be not less than five 5 acres nor more than twenty (20) acres of contiguous land area. Sec. 24-323. Yards. 1 Minimum yard requirements shall be as follows: When abutting any S-1 zoning District Front :25 feet Side: 0 feet Rear: 0 feet When abutting any residential zoning District Front: 50 feet Side: 50 feet Rear: 50 feet 2 No required open space, and or setback area shall be used or developed for an purpose other than by landscaping and by the minimum amount of walkways or driveways reasonably necessary to -serve the permitted_S-2 uses. 1 CODING: Words in StFike thFOUgh type are deletions from the existing law; Words in underscore type are additions SSG:mp UALegislation\Draft Legislation Received\Nov. 22\s-2 Ordinance Draft (2).doc 1 Temp Ordinance #2124 November 3, 2006 Page 7 Sec. 24-324. Heiaht of buildinas or structures. 1 In all S-2 Districts no building or structure or part thereof, shall be erected or altered to a height exceeding one hundred (100) feet, measured from the grade upon which the building or structure is situated. 2 In all S-2 Districts no free-standing parking structure shall exceed fifteen 15 feet in height, measured from the grade upon which the building or structure is situated. 3 ' ry y (50) percent of the height n a -2 Districts, no ancilla ..structure shall exceed fifty . of the principal structure of the resort hotel. (4) The height limitation provided in this Division_ shall take precedent over any other height limitation contained in any overlay District within „this Code. 5 In all S-2 Districts any side of a structure greater in height than fort40 feet that is contiguous to residential property shall be set back an additional one (1) foot for each one (1 ) foot of building height over forty (40) feet. This requirement is in addition to the minimum „yard requirements. Sec. 24-325. Landscaping. 1 In all S-2 Districts all required yards and open spaces adjacent to streets and contiguous to residentially zoned or used land shall belanted and properly maintained with suitable planting in the form of grass, shrubs hed es and trees to present an attractive appearance appropriate to the neighborhood. (2) Landscaping_ shall be provided in accordance with the landscaping regulations that opalyto the B-3 General Business District as defined in Chapter 11 of the Code. (3) The installation, removal and _pruning of all trees and palms within the community shall be in accordance with the standards of the National Arborist Association and Chapter 11 of the City Code. All other elements of landscaping shall be installed and maintained so as to meet all other applicable City Code requirements. CODING: Words in StFike= ;Teu type are deletions from the existing law; Words in underscore type are additions SSG:mp UALegislation\Draft Legislation Received\Nov. 22\S-2 Ordinance Draft (2).doc Temp Ordinance #2124 November 3, 2006 Page 8 Sec. 24-326._Parking. 1 No surface parking area in an S-2 District shall be located within twenty 20 feet of any residentially zoned property and within one hundred 100 feet of any propeLty zoned S-1. 2 No parking structure shall be located within fifty 50 feet of any residentially zoned property and within one hundred 100 feet from any propertyzoned S-1. 3 The required amount of on -site parking shall be provided in accordance with any of the following provisions: a Calculate parking required for each use separately; or Refer to the table Shared Parking Divisors 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 independently by the divisor indicated for that particular combination of uses. Shared Parkina Divisors Office Retail Lodging Recreational Office 1.0 - - - Retail 1.0 - - Lodging 1.6 1.3 1.0 - Recreational 1.5 1.2 1.2 1.0 NOTE: The total number of Darkina spaces reauired for each individual use is calculated according to minimum parking re uirements and then that total is divided by the divisor that represents the mix of uses under consideration. For example, if a mix of lodging and commercial is proposed, the total number of spaces required for each individual use is calculated. added toaether. and the sum is then divided by 1.3, which is the shared parking divisor for lodging and retail. 4 For developments that mix three 3 or more uses on a site a shared parking reduction shall only -be permitted for one 1 combination of uses. The develo er CODING: Words in StFike through type are deletions from the existing law; Words in underscore type are additions SSG:mp LIALegislation\Draft Legislation Received\Nov. 22\S-2 Ordinance Draft (2).doc Temp Ordinance #2124 November 3, 2006 Page 9 mayuse whichever combination yields the largest reduction in required parking, and then add the parking required for the other uses. 5 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. 6 Surface parking areas shall be setback a minimum of fifty 50 feet from the roadwa and shall to the greatest extent practicable, be located behind the principal building. 7 Pedestrian circulation shall be considered in the design of parking areas. Pedestrian crosswalks shall be provided where necessary and appropriate— shall be distinguished by textured or special paving, such as brick pavers, and shall be integrated into the pedestrian network of sidewalks. Sec. 24-327. Design Criteria. (1) Architectural features. The fagade appearance of any side of a nonresidential building facing the residential property shall be compatible with the adjacent residential community and shall include the following: (a) Fenestration such as windows doors and openings in the building wall-, and (b) Shall contain a minimum of one 1 feature from each side of the following architectural feature groups with a total of four 4 architectural features from the following list: 1) Detail and embellishments: a. Balconies b. Color and material building c. Uniform cornice heights d. Awnings e. Architectural ornamentation f. Port-o-cochere 2) Form and Mass: a. Building mass changes including projection and recession. b. Multiple types and angles of roofline or an combination thereof. CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions SSG:mp UALegislation\Draft Legislation Received\Nov, 22\S-2 Ordinance Draft (2).doc Temp Ordinance #2124 November 3, 2006 Page 10 c. The above required facade treatment shall be required to continue around the corner onto the adjoining wall for a distance of twenty(20) feet. (2) Parking garages. In addition to the foregoing requirements of Sec. 24.327 1 next aboveparking garages shall be designed in a manner that completely screens parked vehicles from view. (3) Dumpsters. Dumpsters shall be a minimum of one hundred fifty ( 50) feet from any residentially zoned property and shall be fully enclosed and located on the site so that they are not visible from any residentially zoned property. (4) Loading facilities. Loading and service facilities shall be screened so as not to be visible from abutting residential uses or vacant residential zoned property. (5) Screening of rooftop mechanical equipment. All rooftop mechanical equipment, stair and elevator towers shall be designed as an integral art of the building volume and/or adequately screened so that they are not visible from abutting residential uses or vacant residential zoned property. SECTION 6: 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 word or phrase in order to accomplish such intention. SECTION 7: All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 8: If any provision of this Ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions 1 CODING: Words in StFike th..,,..,..,., type are deletions from the existing law; Words in underscore type are additions SSG:mp UALegislation\Draft Legislation Received\Nov. 22\S-2 Ordinance Draft (2).doc 1 Temp Ordinance #2124 November 3, 2006 Page 11 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 to be severable. SECTION 9: This Ordinance shall become effective on adoption. PASSED, FIRST READING this 8+'-) DAY OF _ �1Cti' 1-0)bLL^ , 2006. PASSED, SECOND READING this DAY OF ,1)(-rt e rn hey' , 2006. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this ORDINANCE as to form: , //. / /y// /X _-) r,/ Sxmqt", lckBjsiz I IT AT ORNEY BY: C�F MAYOR BETH TALABISCO RECORD OF COMMISSION VOTE: 1ST Reading MAYOR TALABISCO h "' DIST 1: V/M PORTNER DIST 2: COMM. ATKINS-GRAD DIST 3: COMM. SULTANOF 1 DIST 4: COMM. DRESSLER RECORD OF COMMISSION VOTE: 2ND Reading MAYOR TALABISCO DIST 1: V/M PORTNER DIST 2: COMM. ATKINS-GRAD DIST 3: COMM. SULTANOF DIST 4: COMM. DRESSLER CODING: Words in StFike thFeugh type are deletions from the existing law; Words in underscore type are additions SSG:mp U:\Legislation\Draft Legislation Received\Nov. 22\S-2 Ordinance Draft (2).doc