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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2016-011Temp. Ord. 2344 May 11, 2016 Page 1 of 6 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 2016 - AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AMENDING CHAPTER 24 OF THE CITY'S CODE OF ORDINANCES, ENTITLED "ZONING" BY AMENDING ARTICLE III, DIVISION 13 ENTITLED "S-1 RECREATIONAL DISTRICT" BY SPECIFICALLY AMENDING SECTION 24-308 ENTITLED "PERMITTED USES", AMENDING SECTION 24-309 ENTITLED "PROHIBITED USES", AMENDING SECTION 24-313 ENTITLED "YARDS, SETBACK AREAS, OPEN SPACES, ETC." TO ESTABLISH HOTELS AS AN ANCILLARY USE TO A PRIVATE OR PUBLIC COUNTRY CLUB SUBJECT TO THE ISSUANCE OF A SPECIAL EXCEPTION IN THE S-1 RECREATIONAL ZONING DISTRICT IN CONFORMITY WITH THE CITY OF TAMARAC COMPREHENSIVE PLAN; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac (the "City") seeks to amend its land development regulations in order to establish hotels in the S-1 Recreational Zoning District as an ancillary use to a public or private country club subject to the issuance of a special exception approved by the City Commission; and WHEREAS, Policy 1.2(a) of the Future Land Use Element of the City's Comprehensive Plan allows hotels as an ancillary use in the corresponding Commercial Recreation Land Use designation; and WHEREAS, Florida Statutes 163.3201 provides that a governing body's land development code shall be the means of implementation for an adopted comprehensive plan; and WHEREAS, the City recognizes that the uses enumerated in S-1 zoning district under Section 24-308 of the City Code are not consistent with the allowed uses in the corresponding Recreation Land Use designation of the City of Tamarac Comprehensive Plan; and CODING: Words in strife throw type are deletions from existing law; Words in underlined type are additions. Temp. Ord. 2344 May 11, 2016 Page 2 of 6 WHEREAS, the Director of Community Development finds that the establishment of hotels in the S-1 zoning district by special exception is consistent with the City's adopted Comprehensive Plan and recommends that the City Commission adopts the Ordinance, and WHEREAS, the City Commission finds that amending the City's Code of Ordinances to establish hotels in the S-1 Recreational Zoning District as an ancillary use to a public or private country club subject to a special exception approved by the City Commission implements the intent of the City's Comprehensive Plan; and, WHEREAS, the amendments to the City's Code of Ordinances contained in this Ordinance serve the best interests of the health, safety, and welfare of the residents and business of the City of Tamarac. 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 13, Section 24-308 entitled "Permitted Uses" of the City of Tamarac Code of Ordinances is hereby amended to read as follows. - Sec. 24-308. - Permitted uses. In S-1 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 specified uses: CODING: Words in stFike thFew^" type are deletions from existing law; Words in underlined type are additions. Temp. Ord. 2344 May 11, 2016 Page 3 of 6 (1) Public or private country club. A hotel or a dining room, bar and grill and snack bar may be operated as an ancillary use to at a public or private country club through special exception approval of the city commission. Such special exception approval shall be consistent with the provisions governing special exceptions as set out in section 24-548 of this Code and GGR6istent with the . The following general regulations shall apply to the hotel use: a. All quest rooms shall be accessed from the interior of the structure. b. Guest rooms within the hotel shall not be under separate ownership and shall not be assigned by lease agreement or similar instrument. c. There shall be not more than one (1) hotel to serve each golf course community in which the hotel is located. d. A hotel shall, at a minimum, have a central switch board: provide daily room cleaning service; have a regular staff concierge service; porter service and valet parking. e. The hotel structure shall provide elevator service to all floors above grade. f. Unless otherwise provided for in a developer's agreement the following accessory uses shall be located within the structure of the primary use: Bar; full service restaurant, meeting, conference and banquet facilities: office center; and, sundry or gift shop. (2) Golf course. (3) Shuffleboard court. (4) Swimming pool. (5) Tennis courts. (6) Neighborhood or community club operated by nonprofit or Public Corporation. (7) Public parks and open spaces. (8) Public and private elementary, middle or high schools on properties greater than 6.5 acres in size with a land use designation of "Recreation", subject to the special exception procedures set forth in chapter 24, article IV of the City's Code of Ordinances. Private schools shall offer curricula substantially equivalent to public schools of comparable grades and shall meet the academic requirements of the state department of education. The operation of any recreation area shall, regardless of anything else in this chapter, be subject to the reasonable control and direction of the city and the city commission as regulatory authorities. CODING: Words in s#ikethewo type are deletions from existing law; Words in underlined type are additions. Temp. Ord. 2344 May 11, 2016 Page 4 of 6 SECTION 3. That Chapter 24, Article III, Division 13, Section 24-309 entitled "Prohibited Uses" of the City of Tamarac Code of Ordinances is hereby amended to read as follows: Sec. 24-309. - Prohibited uses. The permissible uses enumerated in section 24-308 shall not be construed to include, either as a principal or accessory use, any of the following: (1) Any business or commercial use not permitted as a principal or ancillary use; (2) Any industrial or manufacturing use; (3) Drive-in theater, drive-in restaurant or drive-in refreshment stand. SECTION 4. That Chapter 24, Article III, Division 13, Section 24-313 entitled "Yards, setback areas, open spaces, etc." of the City of Tamarac Code of Ordinances is hereby amended to read as follows: Sec. 24-313. - Yards, setback areas, open spaces, etc. (a) No surface parking area in an S-1 district shall be located within ten (10) twenty (20) feet of any residentially zoned property. No parking structure shall be located within one hundred (100) feet from any abuttinq property zoned residential. (b) No building or roofed portion of any structure shall be located within twenty-five (25) feet of any plot line. (c) No required open space, yard or setback area shall be used or developed for any purpose other than by landscaping and by the minimum amount of walkways or driveways reasonably necessary to serve the permitted S-1 uses. () Dumpsters servicing a structure shall be a minimum of one hundred and fifty (150) 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. (e) Loading and service facilities shall be screened so as not to be visible from abutting residential uses or vacant residential zoned property. (f) All rooftop mechanical equipment, stair, and elevator towers shall be designed as an integral part of any building volume and/or adequately screened so that they are not visible from abutting residential uses or vacant residentially zoned property. CODING: Words in strike thm gh type are deletions from existing law; Words in underlined type are additions. 1 Temp. Ord. 2344 May 11, 2016 Page 5 of 6 SECTION 5 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 6. 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 7. Severability. Should any section, provision, paragraph, sentence, clause of word of 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 8. Effective Date. This Ordinance shall become effective upon adoption. THE REST OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK. CODING: Words in strike # type are deletions from existing law; Words in underlined type are additions. PASSED, FIRST READING this PASSED, SECOND READING this ATTEST: PATRICIA TEUuf:L MC CITY CLERK 7 I HEREBY CERTIFY that I have approved this ORDINANCE as to form Temp. Ord. 2344 May 11, 2016 Page 6 of 6 day of 1 "C 2016. l day of , 2016. &AL�� MAIYOR HARRY DRESSLER RECORD OF COMMISSION VOTE: 1st Reading MAYOR DRESSLER DIST 1: COMM. BUSHNELL DIST 2: COMM. GOMEZ DIST 3: VICE MAYOR GLASSER DIST 4. COMM. PLACKO RECORD OF COMMISSION VOTE: 2nd Reading MAYOR DRESSLER DIST 1: COMM. BUSHNELL DIST 2: COMM. GOMEZ DIST 3: VICE MAYOR GLASSER DIST 4: COMM. PLACKO it CODING: Words in stFike throuo type are deletions from existing law; Words in underlined type are additions.