Loading...
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 CODING: Words in type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2301 August 12, 2014 Page 2 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. CODING: Words ins - ,. type are deletions from existing law; Words in underlined type are additions. Temp. Ord. August No. 2301 12, 2014 Page 3 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. T • • i — i — A M I i 7M .r &111 A • M MW—XvAC—lisAMr • i ^ i ..L • I M LW VMALW • . • • • i • . • a i i - CODING: Words ins �+ type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2301 August 12, 2014 Page 4 (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 • .r r FFe%oping if. IF 19% InFiVeORAMW in. the • %9 �1i�71l��1��1�JAll�lZt!l>•1!�1�i11L���li�'����3�1!11.1 '�7■li►� • • (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_ CODING: Words in type are deletions from existing law; Words in underlined type are additions. LJ Temp. Ord. No. 2301 August 12, 2014 Page 5 **************************** 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 THE REST OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK. CODING: Words in type are deletions from existing law; Words in underlined type are additions. 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 CODING: Words in ���e�g# type are deletions from existing law; Words in underlined type are additions.