HomeMy WebLinkAboutCity of Tamarac Ordinance O-2014-010Temp. Ord. No. 2301
August 12, 2014
Page 1
CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 2014 - / J
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 IV, ENTITLED "EXCEPTIONS AND MODIFICATIONS"
BY SPECIFICALLY AMENDING SECTION 24-546 ENTITLED
"PURPOSE", AMENDING SECTION 24-547 ENTITLED
"APPLICABILITY", AMENDING SECTION 24-548 ENTITLED
"ENUMERATED GENERALLY", TO PROVIDE FOR SUBSTANTIVE
SPECIAL EXCEPTION STANDARDS AND CREATING SECTION
24-548(C) TO PROVIDE FOR SUPPLEMENTAL SITE
DEVELOPMENT STANDARDS FOR PUBLIC AND PRIVATE
ELEMENTARY, MIDDLE AND HIGH SCHOOLS 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 regulations to
establish additional substantive criteria and development standards for the review of
uses that are subject to a special exception process; and
WHEREAS, Policy 10.8 of the Comprehensive Plan requiring nonresidential land
uses to be located in a manner compatible with adjacent land uses so as not to
adversely affect the health, safety, welfare, or aesthetics of . existing or future residential
areas is not present as a special exception review standard in the existing Code; and
WHEREAS, the existing special exception review standards outlined in the Code
are inadequate and do not effectively safeguard nonresidential uses from encroaching
into existing and future residential communities; and
WHEREAS, the City recognizes the need for substantive special exception
review standards for all uses subject to a special exception process and supplemental
development standards for public and private elementary, middle and high schools
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Temp. Ord. No. 2301
August 12, 2014
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consistent with the Policies and Objectives of the City's Comprehensive Plan; and
WHEREAS, the City Commission finds that amending the Code to establish
additional substantive special exception review criteria and providing for supplemental
development standards for public and private elementary, middle and high schools
protect the public health, safety, and general welfare of the City and is in the best
interests of the citizens and residents 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. Chapter 24, Article IV, Section 24-546 entitled "Purpose" of the
City of Tamarac Code of Ordinances is hereby amended as follows:
Sec. 24-546. Purpose.
The purpose of the special exception is to provide for certain uses which cannot be
well adjusted to their environment in particular locations and to offer full protection to
surrounding properties by rigid application of the district regulations, and due to the nature
of the uses, the importance of their relationship to the comprehensive development plan
and the possible impact on neighboring properties, to require the exercise of planning
judgment on their location and site plan. Special exceptions are permitted uses in their
respective zoning districts that require individualized review due to the potential individual
or cumulative impacts that they may have on the surroundinq area or neighborhood. The
review process allows the imposition of conditions to mitigate identified concerns or to
deny the use if concerns cannot be resolved.
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Temp. Ord.
August
No. 2301
12, 2014
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SECTION 3. Chapter 24, Article IV, Section 24-547 entitled "Applicability" of the
City of Tamarac Code of Ordinances is hereby amended as follows:
Sec. 24-547. Applicability.
xce
Special exception approval roval is re uired for all uses listed as re uirin s ecial
ion approval _in the zoning districts and for anv business use not specificaliv
enumerated or similar to anv one of the categor, es listed in Article 111. The regulations set
forth in this article qualify or supplement the district regulations appearing elsewhere in this
chapter.
SECTION 4. Chapter 24, Article IV, Section 24-548 entitled "Enumerated generally"
of the City of Tamarac Code of Ordinances is hereby amended as follows:
Sec. 24-548. Enumerated generally.
(a) Uses permitted only by special exception may be approved by the city
commission in accordance with the procedures and standards of section 24-552 and shall
not adversely affect the public health, safety, and general welfare of the city. Uses
permitted e by special exception shall conform to all city ordinances and a other
applicable regulations for the uses in the district in which the special exception is located
unless otherwise specified in this article. If any criteria for a special exception is found by a
court of competent jurisdiction to be inadequate, the legislative. intent is for that use to be
prohibited in the district for which special exception approval had previously been required.
(b) Standards for approval. 'ant
/ 1 P all • .. • • • •
:)lications for s
cial exceptions shall demonstrate compliance with the followin±
standards through a site plan revision and the, provision of a traffic report by a registered
traffic engineer ,(if applicable), or �+Idi�-- prior to consideration by the
planning board sI#�l-se
(1) The proposed use is
compatible with
the existing
natural environment and
community character
of the aroperties
within the
immediate neighborhood.
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Temp. Ord. No. 2301
August 12, 2014
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(2) The proposed use is deemed desirable for oublic convenience, and not i*pj'urious
or otherwise detrimental to the public health, safety, comfort and welfare. AH
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(3) The
design
of the -pro
osed use shall minimize adverse
effects, including noise,
light,
dust
or other
potential
nuisances, of
the
proposed
use on adjacent
roperty through the use of building orientation, setbacks, buffers, landscapin
and other design criteria consistent with the City_ regulations to the qreatest
extent possible. entire site shall be void of any pre-existing code violations
(4) There are adequate parking areas and off street truck loading spaces (if
applicable) consistent with the parking re uirements of the Code and the layout
of the parking and vehicular use areas is convenient and conducive to safe
operation consistent with the City standards to the greatest extent possible..
(5) That there
will be ade uate
provisions
for traffic movement
both vehicular and
pedestrian
internal to the use
and ade uate measures exist
or shall be taken to
provide ingress
and egress
to the prgposed use for
both vehicles and
pedestrian,
in a manner that
minimizes traffic congestion in the public streets,
and the use mav not result in a siqnificantiv greater amount of traffic on local
streets
than would
result
from
a development
permitted by right.
(6) That the land area is sufficient, appropriate and adequate for the use and for
any reasonably anticipated expansion thereof.
c) Supplemental standards. Any public or private elementar
school that seeks relief by a special exce
548(b? and the .followini
middle or senior hi(
h
ion shall demonstrate compliance with Sec. 24-
upplemental standards.
(1) Provide freestanding single use structure(s) unless the school is accesso
library, communi
service
museum,
Florida college system institution, col
(2) Provide a minimum lot size of 3 acres.
)erforming arts, theater, cinema, church
ie or university facilities.
(3) Provide a student drop off area for motorists that is dedicated to drop off
activities and will not interfere with onsite parking. The appropriate len th and
dimensions of the drop off area shall be identified in the tra_fficst dy_
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Temp. Ord. No. 2301
August 12, 2014
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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 or 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.
adoption.
This Ordinance shall become effective
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upon
Temp. Ord. No. 2301
August 12, 2014
Page 6
PASSED, FIRST READING this J7 day of
PASSED, SECOND READING this /U day of
ATTEST:
r
�fPATRICIA TEUFEL, CMC
CITY CLERK
I HEREBY CERTIFY that
have approved this
ORDINANCE as to form:
4MUEL S. GOREN,
ITY ATTORNEY
BY:
f , 2014.
, 2014.
MA`�R HARRY DRESSLER
RECORD OF COMMISSION VOTE: 1ST Reading
MAYOR
DRESSLER
DIST
1:
COMM BUSHNELL
DIST
2:
V/M GOMEZ
DIST
3:
COMM. GLASSER
DIST
4:
COMM.
PLACKO
RECORD OF COMMISSION VOTE: 2ND Reading
MAYOR DRESSLER
DIST 1: BUSHNELL
DIST 2: V/M GOMEZ
DIST 3: COMM. GLASSER
DIST 4: COMM. PLACKO
i
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