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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2017-013Temp. Ord. No. 2368 October 25, 2017 Page 1 of 16 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 2017 - 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 16 ENTITILED "B-3, GENERAL BUSINESS DISTRICT" BY SPECIFICALLY AMENDING SECTION 24-369 ENTITLED "SPECIAL REGULATIONS", AMENDING DIVISION 18 ENTITLED "B-6, BUSINESS DISTRICT" BY CREATING SECTION 24-414 ENTITLED "SPECIAL REGULATIONS" TO PROVIDE FOR SITE DEVELOPMENT STANDARDS FOR SELF -STORAGE FACILITIES, AND AMENDING DIVISION 19 ENTITLED "BUSINESS AND COMMERCIAL USES MASTER LIST " BY SPECIFICALLY AMENDING SECTION 24-434 ENTITLED "PERMITTED USES MASTER LIST", TO ESTABLISH SELF - STORAGE FACILITY AS A PERMITTED USE SUBJECT TO SPECIAL EXCEPTION APPROVAL BY THE CITY COMMISSION IN THE B-6, BUSINESS 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, more and more communities are allowing attractively designed self - storage facilities to be built in more urban, residential areas, instead of the industrial and warehouse districts where they have been traditionally located; and WHEREAS, the new style of construction allows the business to get closer to the user who needs nearby access to self -storage to get to their units quickly; and WHEREAS, Millennials are living in small apartments for longer periods of time and empty -nest Baby Boomers are downsizing, but neither group has stopped accumulating items, fueling a boom in the local self -storage business; and WHEREAS, effectively designed and strategically cited self -storage facilities with appropriate design standards can serve as an attractive and beneficial use on CODING: Words in type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2368 October 25, 2017 Page 2of16 secondary thoroughfares throughout the City; and WHEREAS, the City of Tamarac (the "City") seeks to amend its Land Development Regulations to provide for site development and design standards for self - storage facilities in the B-3 (General Business) and B-6 (Business) Zoning Districts and permit the use of self -storage facility as an enumerated use in the City's Permitted Uses Master List subject to the issuance of a Special Exception approved by the City Commission in the B-6 (Business) Zoning District; and WHEREAS, Policy 1.5 of the Future Land Use Element of the City's Comprehensive Plan promotes "quality development" in all land use categories by the establishment and implementation of design criteria and development standards; and WHEREAS, Policy 10.8 of the Future Land Use Element of the City's Comprehensive Plan requires commercial 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; and WHEREAS, the City recognizes the need to promote and provide appropriate uses to serve the residents of the community; and WHEREAS, the City Commission finds that amending the Code to permit self - storage facilities as an enumerated use in the Business and Commercial Uses Master List, subject to the issuance of a Special Exception approved by the City Commission in the B-6 (Business) Zoning District and creating supporting site design and development standards to govern the performance of the use is consistent with the goals, objectives and policies of the Comprehensive Plan of the City of Tamarac. CODING: Words in strike thFe gJ type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2368 October 25, 2017 Page 3 of 16 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 16, Section. 24-369 entitled "Special regulations" of the City of Tamarac Code of Ordinances is hereby amended as follows: Section 24-369 Special Regulations The following are special regulations for B-3 districts: (1) Lighting. In order to minimize offensiveness to persons on neighboring property and to eliminate distractions to and temporary blinding of drivers of vehicles passing illuminated property, all artificial parking lot lighting shall either be shaded or screened in a manner that will limit spillover of lighting onto adjacent property and rights -of -way. Spillover shall not exceed three (3) footcandles vertical and shall not exceed one (1) footcandle horizontal illumination on adjacent properties or structures measured at grade. An outdoor lighting installation shall not be placed in permanent use until a letter of compliance signed and sealed by a registered engineer or architect is provided to the city stating that the lights have been field tested and meet the standards set forth above. (2) Outdoor storage. Outdoor storage of merchandise shall be permitted only when incidental to the commercial use located on the same premises provided that: a. The storage area shall not be located in any of the required setbacks or yards. b. The stored merchandise shall not protrude above the height of the enclosing walls or buildings. (3) Off-street parking and loading. No off-street parking shall be located within ten (10) feet of any abutting residential or S-1 zoned district property. No loading shall be located within thirty (30) feet of any abutting residentially zoned district property. No outdoor storage area or trash receptacle, fixed or mobile, shall be located in a required street setback area, or within fifty (50) feet of any abutting residentially zoned district property. CODING: Words in s+^Uo thFo unh type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2368 October 25, 2017 Page 4 of 16 (4) Self -storage facilities. Self -storage facilities shall be permitted only by Special Exception approval and subject to the following special regulations: a.The maximum size of any individual rental space for storage of household items and equipment shall be four hundred (400) square feet. b. Controlled access shall be provided to the complex and an adequate security/surveillance system shall be installed whether electronic or otherwise, so that security personnel may keep vigilance over the facility and can be easilVcontacted in emergency or distress situations, c.Access to all storage spaces will be from the interior of the structure and each storage space shall have independent and exclusive access through a secured door or gate: d. Storage facilities shall be subject to architecture review and designed or remodeled so as to agree in character and scale with the prevalent scale and character of the surrounding area. Careful consideration shall be given to the treatment of the blank walls generally associated with this use and to the way the ground floor addresses the street. e. Loading and unloading areas shall be evaluated on an individual basis for compliance with the following criteria: 1. Loading and unloading activities shall be limited to locations which are not visible from adiacent public rights -of -way. 2. The area set aside for such activities shall be arranged so as not to obstruct the smooth flow of traffic on the site. 3. Loading and unloading spaces shall be a minimum of twelve (12) feet in width, by twenty-five (25) feet in length. 4. The number of loading and unloading spaces shall be provided at the rate of three (3) loading/unloading spaces for the first 50,000 sq. and one loading/unloading space for each additional 50,000 sq. ft. over 60,000 sq. ft. f. Parking shall be provided at the rate of one (1) parking space per five - thousand (5,000) square feet for the first twenty thousand (20,000) of gross floor area, and one (1) parking space per ten thousand (10,000) square feet thereafter. Hours of operation shall be established in response to the perceived demand for services but shall not exceed fifteen (15) continuous hours and shall not extend beyond 10:00 p.m. no commence before 6:00 a.m. g.In addition to these restrictions, upon individual evaluation of each proposed self -storage facility, appropriate measures may be required to minimize any potential adverse effects brought about by the implementation of the use with regards to the above or other pertinent concerns. CODING: Words in 6trike through type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2368 October 25, 2017 Page 5 of 16 h. Distance Limitations - In order to mitigate potential adverse impacts associated with a concentration of such facilities within the city, such facilities shall be located no closer than two thousand five hundred (2,500) feet from one another. Such distance shall be measured from the nearest point of the existing facility's site to the nearest point of the Proposed facility's site. SECTION 3. That Chapter 24, Article III, Division 18, Section 24-414. "Special Regulations" is hereby created in the City of Tamarac Code of Ordinances as follows: Section 24-414 The following are special regulations for B-6 districts: M Self -storage facilities. Self -storage facilities shall be permitted onlv by Special Exception approval. Self -storage facilities shall be subject to individualized review for consideration of only the following types of variances: building height plot coverage and setback requirements and subject to the following site design and performance standards below a. The maximum size of any individual rental space for storage of household items and equipment shall be four hundred (400) square feet b. Controlled access shall be provided to the complex and an adequate security/surveillance system shall be installed whether electronic or otherwise so that security personnel may keep vigilance over the facility and can be easily contacted in emergency or distress situations; c. Access to all storage spaces will be from the interior of the structure and each storage space shall have independent and exclusive access through a secured door or gate; d. Public storage facilities shall be subject to architecture review and designed or remodeled so as to agree in character and scale with the prevalent scale and character of the surrounding area. Careful consideration shall be given to the treatment of the blank walls generally associated with this use and to the way the ground floor addresses the street. e. Loading and unloading areas shall be evaluated on an individual basis for compliance with the following criteria: 1. Loading and unloading activities shall be limited to locations which are not visible from adjacent public rights -of -way. 2. The area set aside for such activities shall be arranged so as not to obstruct the smooth flow of traffic on the site. 3. Loading and unloading spaces shall be a minimum of twelve (12) feet in width, by twenty-five (25) feet in length. 4. The number of loading and unloading spaces shall be provided at the rate of three (3) loading/unloading spaces for the first 50,000 sq. and one loading/unloading space for each additional 50,000 sq. ft. over 60,000 sq. ft. CODING: Words in strike thr„, �r.h type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2368 October 25, 2017 Page 6 of 16 f. Parking shall be provided at the rate of one (1) parking space per five -thousand (5,000) square feet for the first twenty thousand (20 000) of gross floor area, and one (1) parking space per ten thousand (10,000) square feet thereafter. g. Hours of operation shall be established in response to the perceived demand for services but shall not exceed fifteen (15) continuous hours and shall not extend beyond 10:00 p.m. nor commence before 6:00 a.m. h. In addition to these restrictions upon individual evaluation of each proposed self - storage facility appropriate measures may be required to minimize any potential adverse effects brought about by the implementation of the use with regards to the above or other pertinent concerns. i. Distance Limitations - In order to mitigate potential adverse impacts associated with a concentration of such facilities throughout the city, such facilities shall be located no closer than two thousand five hundred (2,500) feet from one another. Such distance shall be measured from the nearest point of the existing facility's site to the nearest point of the proposed facility's site. SECTION 4. That Chapter 24, Article III, Division 19, Section 24-434 entitled "Permitted uses master list" of the City of Tamarac Code of Ordinances is hereby amended as follows: Sec. 24-434. Permitted uses master list. (a) "P" indicates that the use is allowable by right, subject to the standards of the Code of Ordinances; (b) "SE" indicates that the use is a special exception ("SE") that may be allowed in the district; and (c) A "blank space" indicates that the use is prohibited. Notes: P = Permitted Use; SE = Special Exception; Blank = Prohibited B-1 B-2 B-3 B-5 MXD B 6 CATEGORY/USE Neighborhood Community General Limited Business' Mixed Business Business Business Business Use Residential 1 Dwelling, single j 1 CODING: Words in c+^4e thmu F' type are deletions from existing law; Words in underlined type are additions. 1 I Temp_ Ord. No. 2368 October 25, 2017 Page 7 of 16 family Dwelling, multifamily 1 P Dwelling, two- family Rowhouse P Townhouse P Mobile home park i Residence hall or dormitory P P Community residential home, P P P P P type 1 (6 or less residents) Community residential home, P P P P P type II (7-14) { Assisted living facility (1 or more P P P P P residents) Retail and commercial Adult entertainment SE Antique shop P P P P P P Appliance and electronics store, P P P service and CODING: Words in strike thre gh type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2368 October 25, 2017 Page 8 of 16 installation Auto repair, SE general Automobile SE dealership Auto rental, SE SE accessory Auto service station SE SE and minor repairs Auto tire sales and SE SE installation Bakery P P P P P P Barber/beauty supplies and P P P P P P equipment sales Bicycle sales and P P P P P repair Boat and marine sales Bookstore P P P P P P Car wash/auto SE detailing Clothing and P p P P P P accessory store Consignment shop P P CODING: Words in stFike thFO gh type are deletions from existing law; Words in underlined type are additions. U f Temp. Ord. No. 2368 October 25, 2017 Page 9 of 16 Convenience store w/gas sales SE SE Department store p P _ p . Discount department store P P Drugstore or pharmacy, general P P P P P P Farm equipment and sales Feedstore Floral or florist shop P Fruit and vegetable market P P P p Gift and card shop P P P P P P Grocery store, 3 retail P P P P P P Hardware, paint, glass, wallpaper and floor covering P P P p i store Hobby, fabric, and craft shop P P P P Hotels P P Jewelry store, p P P P i including repair of CODING: Words in StFike thFOUgh type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2368 October 25, 2017 Page 10 of 16 jewelry and clocks Landscape, nursery, and SE P garden supplies Lawn mower sales P P P and repair Lumber yard and building materials Machinery, tools, and construction equipment sales and service Medical and dental P P P P P supply sales Motorcycle sales SE and service Nightclub, bar, or SE SE SE lounge Pet grooming shop P P P P Pottery shop P _ P P P Recreational vehicle park Restaurant P P P P P P Restaurant, fast food (with or w/o SE SE SE drive -through) 0 F CODING: Words in strike thFo uryh type are deletions from existing law; Words in underlined type are additions. L Temp. Ord. No. 2368 October 25, 2017 Page 11 of 16 Retail, general P P P P P P Showroom, general P P P _ p Thrift and used merchandise store P Personal services Animal boarding kennel SE Auto/truck fleet maintenance shops and garages Auto/truck body repair shop Automatic/self- serve car wash SE Bank/financial institution w/drive P P P P P SE through Bank/financial institution w/o drive P P P P P P through i Banquet facility i P P Barber/beauty shops P P P P P P Blueprinting P P Boat repair CODING: Words in stroke thFeuo type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2368 October 25, 2017 Page 12 of 16 Business, trade and vocational P P schools Catering service P P Cemetery and mausoleum Clinic, medical or P P P P P P dental i Clinic, veterinary P P P P P Cold storage facility : SE Contractor's SE storage yard Data processing P P P P P P svice entice Day care, child, SE SE SE adult or family Electronic repair P P P Emergency health P P P P P care Express or parcel P P P P delivery office Express or parcel delivery distribution P center Extermination P P P 1 L.J CODING: Words in stFike thmugI4 type are deletions from existing law; Words in underlined type are additions. n L service Funeral home Health, physical fitness, weight P reduction, and spa i Housekeeping and janitorial services Laboratory, general Laboratory, dental or medical P Laundry, self service P Laundry and dry- cleaning pickup P station Laundry and dry cleaningon site), � j linen supply and cleaning service Locksmith P Machine shop Mail and packing store, private P Massage therapist P Motion picture Temp. Ord. No. 2368 October 25, 2017 Page 13 of 16 P P P P p P P P P P P P P P P P P P SE P P P P P P P P P P P SE CODING: Words in strike thFeug# type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2368 October 25, 2017 Page 14 of 16 studio Nursing home or convalescent P P P P P facility Painting and decorating P P P P P P contractor Personal services P P P P P P Picture framing P P P P Photo studio and P P P P processing Print shop P P P P Self FViGe stefiage SE SE Self -storage facility Shoe repair P P P P P P Studio, instructional P P P P P P Studio, P P P P P P professional Tailor shop P P P P P P 1 Travel agency P P P P P P Video game and SE SE amusement parlor Video rental and p P p P []I [l CODING: Words in strike thre inF+ type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2368 October 25, 2017 Page 15 of 16 sales 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. CODING: Words in stFike thmug# type are deletions from existing law; Words in underlined type are additions. Temp. Ord. No. 2368 October 25, 2017 Page 16 of 16 SECTION 8. Effective Date. This Ordinance shall become effective upon adoption. PASSED FIRST READING this V11day of �u , 2017. / ZI PASSED, SECOND READING this 13 day of "-ei— , 2017. I HEREBY CERTIFY that I have approved this ORDINANCE as to form: A UEL S. GOREN CCI ATTORNEY 11— MAYOK •-- DRESSLER RECORD OF COMMISSION VOTE: 1ST Reading MAYOR DRESSLER _ DIST 1: COMM. BOLTON DIST 2: COMM. GOMEZ DIST 3: COMM. FISHMAN DIST 4: V/M PLACKO ---' RECORD OF COMMISSION VOTE: 2ND Reading MAYOR DRESSLER DIST 1: COMM. BOLTON DIST 2: V/M GOMEZ DIST 3: COMM. FISHMAN DIST 4 COMM. PLACKO 1 CODING: Words in strobe throug-h type are deletions from existing law; Words in underlined type are additions.