HomeMy WebLinkAboutCity of Tamarac Ordinance O-2016-003Temp. Ord. No. 2335
December 23, 2015
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CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0-2016-03
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA AMENDING CHAPTER 24, ENTITLED
"ZONING", ARTICLE III ENTITLED "DISTRICT REGULATIONS" OF
THE CITY OF TAMARAC CODE OF ORDINANCES,
SPECIFICALLY CREATING DIVISION 27 ENTITLED "PD PLANNED
DEVELOPMENT DISTRICT', PROVIDING FOR A NEW ZONING
DESIGNATION TO ALLOW FOR FLEXIBILITY IN DEVELOPMENT
STANDARDS ON MASTER PLANNED DEVELOPMENTS WITHIN
THE CITY TO INCLUDE THE FOLLOWING SECTIONS: 24-542
"PURPOSE, APPLICABILITY AND CREATION OF PD DISTRICT",
24-543 "REZONING TO THE PD DISTRICT', 24-544 "GENERAL
STANDARDS FOR PLANNED DEVELOPMENT DISTRICT', AND
24-545 "MINOR DEVIATIONS AND AMENDMENTS TO
APPROVED PD PLAN/AGREEMENT"; PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, City Administration has conducted a review of the regulations
concerning master planned development and the application of strict zoning standards
within the City; and
WHEREAS, upon its review, City Administration has determined that the current
City of Tamarac Zoning Code and Official Zoning Map does not provide a zoning district
which allows for the application of flexible development standards for master planned
developments; and
WHEREAS, the establishment and creation of a Planned Development District
("PD"), as a new zoning designation will serve as a valuable mechanism to authorize
the appropriate development of residential or commercial uses, or the combination
thereof, in the best interest of the City and to provide for a scale and flexibility of
development which could not otherwise be achieved through the existing single -use
zoning districts, without detriment to neighboring properties; and
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December 23, 2015
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WHEREAS, the ability to negotiate development standards for master planned
developments encourage a creative approach to the use of land that results in better
development and design than might otherwise be accomplished under the strict
application of other Sections of the City's Code of Ordinances; 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 establish a new
zoning designation known as a "PD Planned Development District" in accordance with
the terms and provisions set forth herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AS FOLLOWS:
SECTION 1. The foregoing recitals 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. That Chapter 24, Article III, Division 27, "PD Planned Development
District", of the City of Tamarac Code of Ordinances is hereby created with regulations
as follows:
DIVISION 27. PD PLANNED DEVELOPMENT DISTRICT
Sec. 24-542. Purpose, Applicability and Creation of PD District
(a) Purpose. The Planned Development (PD) district is established and
intended to permit large tracts of land which are part of a master development plan to
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December 23, 2015
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be _planned and developed as a whole with a greater amount of flexibility by removing
some of the detailed restrictions of conventional zoning. Planned developments
encourage innovative land planning and site design concepts that support a high quality
of life and achieve a high quality of development environmental sensitivity, energy
efficiency, and other City goals and objectives by:
(1) Reducing or diminishing the inflexibility or uniform design that sometimes
results from strict application of zoning and development standards designed primarily
for individual lots:
(2) Allowing -greater freedom in selecting the means of providing access open
space, and design amenities;
(3) Allowing greater freedom in providing a well -integrated mix of residential
and nonresidential land uses in the same development including a mix of housing
types, lot sizes, and densities:
(4) Allowing more efficient use of land, with smaller networks of streets and
utilities, and thereby lowering development and housing costs; and
(5) Promoting quality design and environmentally sensitive development that
respects surrounding established land use character and respects and takes advantage
of a site's natural and man-made features, such as trees wetlands floodplains, and
historic features.
(6) Promoting "low impact design" also known as "LID" which seeks to minimize
the hydrologic and water quality changes that result as part of site development.
(b) Applicability. Planned developments are planned and developed under
unified control and in accordance with flexible standards and procedures that are
conducive to creating more mixed -use, pedestrian -oriented and otherwise higher -
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quality development, as well as community benefits and amenities, than could be
achieved through base zoning district regulations.
(1) The purpose of this subsection is to provide a uniform means for
amending the Official Zoning Map to reclassify land to the Planned Development (PD)
zoning district established in 24-542.(c) below.
(c) Creation of PD District. The PD district is hereby established and is
intended to encourage high -quality, mixed -use development that features innovative
and creative design, yet is compatible with both surrounding existing development and
available public infrastructure. The PD district is supported by an underlying Local
Activity Center (LAC) land use designation.
Sec. 24-543. Rezoning to the PD District.
(a) Overview. Planned developments are established by amendments to the
Official Zoning Map to rezone land to the Planned Development (PD) zoning district for
which applicable development regulations are defined by a planned development
master plan (PD Plan) and a planned development agreement (PD Agreement).
_Subsequent development within the PD district occurs through the appropriate site plan
(§10-2) and plat review (Chapter 21, Article II, §26-89) procedures and standards (as
appropriate), which ensure compliance with the PD Plan and PD Agreement.
(b) Application Submittal and Acceptance. An application to rezone to the PD
district shall be submitted and accepted, and may be withdrawn, in accordance with
§24-67 Applications for Rezoning, except that applications may be initiated only by the
owner(s) of all property included in the proposed planned development district to ensure
unified control, and shall include the following:
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Ill A PD Plan that depicts the general configuration and relationship of the
principal elements of the proposed development, including uses, general buildinq types,
density/intensity, resource protection, pedestrian and vehicular circulation, open space,
public facilities, and phasing:
(2) A PD Agreement that specifies terms and conditions defining development
parameters, provides for environmental mitigation, outlines' how public facilities will be
provided to serve the planned development, and provides for management and
maintenance of development: and
(3) A copy of a title opinion indicating the ownership of all land that is part of
the proposed PD district to ensure unified control.
(c) Scheduling and Public Notice of Meetings. The application shall be
scheduled, and required public notices provided, for Planning Board and City
Commission hearings in accordance with §24-67 Applications for Rezoning and Chapter
2 Article X Quasi -Judicial Proceedings.
(d) Planning Board Review and Action. The Planning Board shall review the
application hold a public hearing and make a recommendation in accordance with §24-
67 Applications for Rezoning and Chapter 2, Article X Quasi -Judicial Proceedings.
(e) City Commission Review and Decision. The City Commission shall review
the application hold a public hearing and make a determination in accordance with
§24-67 Applications for Rezoning and Chapter 2, Article X Quasi -Judicial Proceedings.
(1) The decision shall be one of the following:
i. Adopt the amendment as proposed;
ii. Adopt a revised amendment that reduces the area proposed to be
designated:
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iii. Deny the amendment; or
iv. Remand the application back to the Director and Planning Board for
further consideration. (This may require further public hearinq notices and
additional review fees.)
(f) Post Decision Actions and Limitations. The post -decision actions and
limitations in §24-67 Applications for Rezoning, shall apply to the application except as
follows:
(1) Effect of Approval.
Approval of a Planned Development authorizes the approved
revisions to the Official Zoning Map. Lands rezoned to a PD district shall be
subject to the approved PD Plan/Agreement. The PD Plan/Agreement is
binding on the land as an amendment to the Official Zoning Map.
ii. The PD Plan/Agreement shall be binding on the landowners their
successors, and assigns, and shall constitute the development regulations
for the land.
iii. Development of the land shall be limited to the uses intensity and
density, configuration, and all other elements and conditions set forth in the
PD Plan/Agreement.
iv. The applicant may apply for and obtain subsequent improvement
Permits necessary to implement the PD Plan/Agreement in accordance with
the appropriate procedures and standards set forth in this Code. Any
development permits shall be in substantial compliance with the PD
Plan/Agreement.
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(2) Expiration of Approval. The PD Plan/Agreement shall automatically expire if
an application for a Site Plan Approval &10-2) for any part of the development shown
on the approved PD Plan/Agreement is not submitted within one year after approval of
the Planned Development, or an extension of this time period authorized by the
Director. Extension requests shall be provided to the Community Development Director
in writing no later than 60 days prior to the one year expiration date.
(3) Recordation. The Community Development Director shall record the adopting
ordinance and the PD Plan/Agreement with the Broward County Records at the
expense of the applicant.
Sec. 24-544. General Standards for Planned Development District.
Before approving a PD zoning district designation, the City Commission shall find
that the application for the PD zoning district, as well as the PD Plan/Agreement
included as part of the application, comply with the standards below.
(a) PD Plan/Agreement.
(1) Include a statement of planning objectives for the district;
(2) Identify the general location of individual development areas,
identified by land use(s) and/or development density or intensity;
(3) Identify for the entire PD district and each development area the
land area, types and mix of land uses, number of residential units (by use
type), nonresidential floor area (by use type), residential density, and
nonresidential intensity;
(4) Identify the general location, amount, and type (whether designated
for active or passive recreation) of open space;
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(5) Identify the location of environmentally sensitive lands, wildlife
habitat, wetlands, and floodplains;
(6) Identify the onsite transportation circulation system including the
general location of all public and private streets, existing or projected transit
corridors, and pedestrian and bicycle pathways, and how they will connect
with existing and planned city systems as supported by an applicant
provided traffic study;
(7) Identify the general location of onsite potable water and wastewater
facilities, and how they will connect to City systems;
(8) Identify the general location of onsite stormwater management
facilities, and how they will connect to City systems;
(9)
Identify the
general location of all other
onsite public
facilities
serving
the development,
including but not limited
to parks
schools and
facilities for fire protection, police protection, EMS, stormwater
management, and solid waste management.
(10) Include conditions related to approval of the application for the PD
zoning district classification;
(11) Identify the community benefits and amenities that will be provided
to compensate for the added development flexibility afforded by the PD
district; and
(12) Include any other provisions the City Commission determines are
relevant and necessary to the development of the planned development in
accordance with applicable standards and regulations.
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jb) Consistency with City Plans. The PD zoning district designation and the PD
Plan/Agreement shall be consistent with the purpose and standards of this section in
addition to the comprehensive plan of the City of Tamarac and all applicable regulations
for PD zoning designations.
(c) Compatibility with Surroundinq Areas. Development along the perimeter of a
PD district shall be compatible with adiacent existing or proposed development. Where
there are issues of compatibility, the PD Plan/Agreement shall provide for transition
areas at the edges of the PD district that provide for appropriate buffering and/or ensure
a complementary character of uses. Determination of complementary character shall be
based on densities/intensities, lot size and dimensions, building height, building mass
and scale, hours of operation, exterior lighting, and siting of service areas.
(d) Development Phasinq Plan. If development in the PD district is proposed to be
phased, the PD Plan/Agreement shall include a development phasing plan that
identifies the general sequence or phases in which the district is proposed to be
developed, including how residential and nonresidential development will be timed, how
infrastructure (public and private) and open space will be provided and timed, and how
development will be coordinated with the City's capital improvements program.
(e) Conversion Schedule. The PD Plan/Agreement may include a conversion
schedule that identifies the extent to which one type of residential use may be converted
to another type of residential use, such as multi -family dwellings to single-family
dwellings, and one type of nonresidential use may be converted to another type_of
nonresidential use, such as office use to retail sales use. Such conversions may occur
within development areas and between development areas as long as they occur within
the same development phase as identified by the approved development phasingplan,
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and are consistent with established extents of conversion set down in the conversion
schedule.
M Onsite Public Facilities.
(1) Design and Construction. The PD Plan/Agreement shall establish the
responsibility of the developer/landowner to design and construct or install
required and proposed onsite public facilities in compliance with applicable
City, County, state, and federal regulations.
(2) Dedication. The PD Plan/Agreement shall establish the responsibility of the
developer/landowner to dedicate to the public the rights -of -way and
easements necessary for the construction or installation of required and
proposed on -site public facilities in compliance with applicable City County,
state, and federal regulations.
(3) Modifications to Street Standards. In approving a PD Plan/Agreement the
City Commission may approve modifications or reductions of City street
design standards, including those for right-of-way widths pavement widths
required materials, and turning radii. Such modifications shall be reviewed
and approved by the Fire and Public Service Departments during PD
Plan/Agreement approval, on finding that:
0) The PD Plan/Agreement provides for separation of vehicular,
pedestrian, and bicycle traffic as supported by an applicant provided traffic
study,
(ii) Access for emergency service vehicles is not substantially
impaired;
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(iii) Adequate off-street parking is provided for the uses proposed and
as supported by a parking study provided by the applicant; and
(iv) Adequate space for public utilities is provided within the street right-
of-way.
(q) Uses. Allowed principal accessory, and temporary uses in a particular PD
district shall be established in the PD Plan/Agreement, subject to conversion in
accordance with a schedule incorporated in the PD Plan/Agreement in accordance with
24-544(e) Conversion Schedule. Allowed uses shall be consistent with City's
Comprehensive Plan Local Activity Center (LAC) designation and the purpose of this
section. The nonresidential uses in the PD district are restricted to the uses permitted in
the City's mixed use district (MXD).
(h) Densities/Intensities. The total number of dwelling units permitted in a planned
development shall not exceed 35 dwelling units/acre, and shall not exceed the total
density/intensity permitted by the Land Use Element of the Tamarac Comprehensive
Plan. The densities for residential development and the intensities for nonresidential
development applicable in each development area of a PD district shall be as
established in the PD Plan/Agreement and shall be consistent with the comprehensive
plan Local Activity Center (LAC) land use designation other adopted special area and
City plans, and with the purpose of the PD district.
(i) Dimensional Standards.
(1) All planned developments shall contain a minimum of ten (10) acres of
contiguous land unless the Community Development Department finds that a tract
which contains less than ten (10) acres is suitable as a planned development by virtue
of:
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(i) Its location within a quarter mile of access to mass transit; or
(ii) Provision of mass transit access in the proposed PD
(2) This minimum may be waived by the City Commission upon the
recommendation of the Community Development Director.
(3) The dimensional standards applicable in each development area of a PD
district shall be as established in the PD Plan/Agreement and shall be consistent with
the Comprehensive Plan, other adopted special area and City plans and with the
purpose of the PD district.
(4) The PD Plan/Agreement shall include at least the following types of
dimensional standards, unless the PD Plan/Agreement expressly states otherwise:
(i) Maximum dwelling units per acre (residential development) and/or maximum
floor area ration (nonresidential development)
(ii) Minimum net lot area;
(iii) Minimum lot width:
(iv) Maximum impervious surface area;
(v) Maximum structure height;
(vi) Maximum individual building size;
(vii) Minimum and maximum setbacks; and
(viii) Minimum setbacks from adjoining residential development or residential
zoning districts.
(i) Site Development Standards/Features.
(1) All development in a PD district shall comply with the development standards
established in the PD Plan/Agreement as consistent with City plans the objective of the
Particular type of development standard and the purpose of the PD district
(2) Off Street Parking.
(i) Because of the unique land uses and design characteristics of projects
zoned PD the minimum parking space requirement and design shall be
determined on a project by project basis.
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(ii) The applicant may propose parking that does not meet minimum Code
requirements, in which case the applicant shall submit a parking study, prepared
by a registered traffic engineer.
(iii) At a minimum, the parking study shall include the number of proposed
parking spaces, public transit ridership statistics, and justification for any
deviations from the requirements of Article V of this Code for off-street parking
and loading.
(iv) The study shall be reviewed and approved by the Director of Community
Development or his/her designee.
v) Parkina and traffic studies shall be reauired to be submitted as part of a
complete application package demonstrating required parking to support the
planned development. Additionally, the applicant shall be responsible for all
architectural review costs incurred by the Citv in review of the desian elements of
the buildings.
(3) Underground Utilities.
All onsite utilities shall be installed underaround.
(ii) Large transformers shall be placed on the ground within pad mounts,
enclosures, or vaults.
(iii) The developer shall provide adequate landscaping to screen all above
ground facilities in a manner not inconsistent with the requirements of the
applicable utility provider.
(4) Landscaping, Buffering and Buildings Design.
Landscaping shall meet all the requirements of Chapter 11 of the City of Tamarac Code
of Ordinances. Modification of Chapter 11 may be requested in the PD Plan/Agreement
and must be explicitly listed in the PD Agreement and PD Plan.
(i) The applicant shall be responsible for all architectural review costs
incurred by the City in association with the review of the buildings design.
(5) PD Plan/Agreement Development Standards.
Plan/Agreement shall include at least the following types of development standards,
unless the PD Plan/Agreement expressly states otherwise-
(i) Total onsite parking spaces;
(ii) Landscaping to included total trees and shrubs;
(iii) Minimum and maximum open space; and
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(iv) Percentage pervious and non -pervious area.
(k) Stormwater Management Standards.
All development in a PD district shall comply with the standards of §10-226 Stormwater
Management that are in place at the time of Site Plan Approval ($10-2) application
acceptance.
Sec. 24-545. Minor Deviations / Amendments to Approved PD Plan/Agreement
(a) Minor Deviations. Subsequent applications for improvement permits
within an approved PD district may include minor deviations from the PD
Plan/Agreement, without the need to amend the PD Plan/Agreement provided such
deviations are limited to changes that the Community Development Director determines:
(1) Address technical considerations that could not reasonably be anticipated
during the planned development approval process; and
(2) Have no material effect on the character of the approved PD district the
basic concept of the PD Plan/Agreement, and the terms in the PD Terms and
Conditions. These include, but are not limited to the following:
(i) Changes in driveway locations;
(ii) Minor shifts in building size, configuration or location;
(iii) Structure floor plan revisions; and
(iv) Facility design modifications for amenities.
(b) Amendments. Deviations from the PD Plan/Agreement that would have a
material effect on the character of the approved PD district the basic concept or terms
of the PD Plan/Agreement, including but not limited to the following modifications shall
require amendment of the Planned Development in accordance with §24-555
Amendment of Exception Previously Approved:
(i) Changes in use designations;
(ii) Density/intensity increases;
(iii) Decreases in open space;
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(iv) Substantial changes in the location of streets, particularly if streets are to
be deleted or access points to the development moved so traffic flows
both inside and outside the development are affected;
(v) Substantial changes in the location of any public easement; or
(vi) Change in the proportion of any housing type by more than 15 percent.
SECTION 3. Codification. 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 4. Conflicts. That all Ordinances or parts of Ordinances, Resolutions or
parts thereof in conflict herewith, be and the same are hereby repealed to the extent of
such conflict.
SECTION 5. Severability. Should any section, provision, paragraph, sentence,
clause or word in this Ordinance or portion hereof be held or declared by any court of
competent jurisdiction to be unconstitutional or invalid, in part or application, it shall be
considered as eliminated and shall not affect the validity of the remaining portions or
applications of this Ordinance.
SECTION 6. Effective Date
adoption.
This Ordinance shall become effective upon
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PASSED, FIRST READING this day of
PASSED, SECOND READING this /J day of
I HEREBY CERTIFY that
I have approved this
ORDINANCE as to form -
SA UEL S. GOREN
CITY ATTORNEY
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i
MAfbR /�!. Iil
2016.
2016.
RECORD OF COMMISSION VOTE.- 1ST Reading
MAYOR DRESSLER
DIST 1- COMM BUSHNELL
DIST 2: V/M GLASSER
DIST 3.- COMM. GOMEZ
DIST 4: COMM PLACKO ✓—''�
RECORD OF COMMISSION VOTE: 2ND Reading
MAYOR DRESSLER
DIST 1- BUSHNELL
DIST 2: V/M GLASSER
DIST 3: COMM. GOMEZ
DIST 4- COMM PLACKO
1
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