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HomeMy WebLinkAbout02 18 26 PZ & LPA Complete Agenda Package CITY OF DANIA BEACH PLANNING & ZONING BOARD/ LOCAL PLANNING AGENCY – AGENDA CITY COMMISSION CHAMBERS/ CITY HALL 100 W DANIA BEACH BLVD WEDNESDAY, FEBRUARY 18, 2026 – 7:00 P.M. Planning and Zoning Board AGENDA – Page 1 I. ROLL CALL II. SWEAR IN NEW BOARD MEMBER 1. Board Member Keith A. Roberts III. APPROVAL OF MINUTES 1. Approval of Minutes of the Planning and Zoning Board/ Local Planning Agency from January 21, 2026, regular meeting. IV. PUBLIC HEARINGS 1. RZ-034-24: The applicant, 2700 Griffin Holdings LLLP, is requesting to rezone two properties located at 4880 SW 28 Avenue and 4901 SW 27 Terrace from Two-Family Residential District (RD-8000) and Single-Family 6000 Residential District (RS-6000), respectively, to Planned Residential Development District (PRD-1). (Continued from January 21st meeting) 2. TX-043-25: The applicant, the City of Dania Beach, is requesting the adoption of amendments to the City’s Live Local Act Development Standards. V. BOARD ITEMS 1. City Commission actions on items previously heard by the board: • TX-038-25 Reasonable Accommodation Text Amendment  2nd Reading on February 10th City Commission: Motion passed unanimously • Mayor Davis – Yes • Vice Mayor Salvino - Yes • Commissioner Lewellen – Yes • Commissioner Rimoli – Yes • Commissioner Ryan – Yes • TX-046-25 Certified Recovery Residence Definitions & Zoning District  2nd Reading on February 10th City Commission: Motion passed unanimously • Mayor Davis – Yes ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE PLANNING AND ZONING ADVISORY BOARD WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. LOBBYIST REGISTRATION IS REQUIRED. PRIOR TO ENGAGING IN ANY LOBBYING ACTIVITIES, WHETHER OR NOT COMPENSATION IS PAID OR RECEIVED IN CONNECTION WITH THOSE ACTIVITIES, EACH LOBBYIST SHALL FILE WITH THE CITY CLERK AN ANNUAL REGISTRATION STATEMENT AND PAY AN ANNUAL TWO HUNDRED FIFTY DOLLARS ($250.00) REGISTRATION FEE FOR EACH PRINCIPAL OR EMPLOYER. REGISTRATION FORMS ARE AVAILABLE ON THE CITY WEBSITE: WWW.DANIABEACHFL.GOV. (ORDINANCE #2012-019; AMENDED BY ORDINANCE #2019-019) IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE CITY CLERK'S OFFICE, 100 W. DANIA BEACH BOULEVARD, DANIA BEACH, FL 33004, (954) 924-6800 EXTENSION 3624, AT LEAST 48 HOURS PRIOR TO THE MEETING. IN CONSIDERATION OF OTHERS, WE ASK THAT YOU: A. PLEASE TURN CELL PHONES OFF, OR PLACE ON VIBRATE. IF YOU MUST MAKE A CALL, PLEASE STEP OUT INTO THE ATRIUM, IN ORDER NOT TO INTERRUPT THE MEETING. B. IF YOU MUST SPEAK TO SOMEONE IN THE AUDIENCE, PLEASE SPEAK SOFTLY OR GO OUT INTO THE ATRIUM, IN ORDER NOT TO INTERRUPT THE MEETING. Planning and Zoning Board AGENDA – Page 2 • Vice Mayor Salvino - Yes • Commissioner Lewellen – Yes • Commissioner Rimoli – Yes • Commissioner Ryan – Yes • VC-023-25 Scotland Vacation  2nd Reading on February 10th City Commission: Motion passed unanimously • Mayor Davis – Yes • Vice Mayor Salvino - Yes • Commissioner Lewellen – Yes • Commissioner Rimoli – Yes • Commissioner Ryan – Yes • TX-051-25 FOWL Text Amendment  1st Reading on February 10th City Commission: Motion passed 3-2 • Mayor Davis – No • Vice Mayor Salvino - Yes • Commissioner Lewellen – Yes • Commissioner Rimoli – No • Commissioner Ryan – Yes 2. Upcoming meeting dates: March 18, 2026 VI. PUBLIC COMMENTS VII. MEETING ADJOURNED CITY OF DANIA BEACH PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY - MINUTES CITY COMMISSION CHAMBERS/CITY HALL 100 W. DANIA BEACH BLVD. WEDNESDAY, JANUARY 21, 202 6 – 7:00 P.M. The meeting was called to order at approximately 7:00PM by Chair Robertson. Acting Board Clerk Andrea Sandoval Pérez called the roll. Discussions/actions notated below were not limited to what was typed. I. ROLL CALL Chair W. Quin Robertson, PhD, GISP Present Eve Boutsis, City Attorney Board Member Randy Wright Absent Corinne Lajoie, MURP, AICP, Comm Dev Dep Dir Board Member Gabriel De Las Salas, Esq. Present Claudia Viviana Batista, PZ Manager Board Member Sascha Rauhe Present Alejandra Cuervo, Planner (Alternate) Board Member Tobin Silver Present Jessica Mackay, E.I., Planner (Alternate) Board Member Jeremy Rosner Present Andrea Sandoval Pérez, Assoc. Planner and Acting Board Clerk Motion was made by Board Member Silver to excuse the absence for Board Member Wright and was seconded by Board Member Rauhe. Motion passed 5-0. II. APPROVAL OF MINUTES 1. Approval of Minutes of the Planning and Zoning Board / Local Planning Agency from the December 17, 2025 regular meeting. Motion was made by Board Member De Las Salas to approve the minutes of the Planning and Zoning Board/LPA for the December 17, 2025 meeting and was seconded by Board Member Rosner. Motion passed 5-0. III. PUBLIC HEARINGS 1. RZ-034-24: The applicant, 2700 Griffin Holdings LLLP, is requesting to rezone two properties located at 4880 SW 28 Avenue and 4901 SW 27 Terrace from Two-Family Residential District (RD-8000) and Single- Family 6000 Residential District (RS-6000), respectively, to Planned Residential Development District (PRD-1) City Attorney Boutsis explained having to continue this item to the next P&Z meeting on February 18th so that new notices could go out as notices were not posted in a timely manner on both the website and the City Hall board for this meeting. The Chair called for comments from the public on the continuance and Jennifer Stuart, resident, spoke at the podium . She requested clarification about the upcoming February Commission Meeting for which the City Attorney said new notices would go out as to when they would hear this item. Deputy Director Lajoie further clarified that this would not be heard by the City Commission until it was heard in February by the Planning an d Zoning Board. Motion was made by Board Member De Las Salas to continue this agenda item (RZ-034-24) to the February 18, 2026 P&Z Meeting and was seconded by Board Member Silver. Motion passed 5-0. Planning and Zoning Board/Local Planning Agency Minutes 2 January 21, 2026 2. TX-049-25: The applicant, the City of Dania Beach, is requesting to allow social services as a Special Exception use in the Gateway Mixed-Use zoning district by amending the City’s Land Development (LDC). (Withdrawn) 3. TX-051 -25: The applicant, the City of Dania Beach, is requesting a text amendment to keep fowl as a Special Exception, Conditional use in residential zoning districts by amending the City’s Land Development Code (LDC). Deputy Director Lajoie explained the ability to keep fowl in single-family zoned properties as a special exception with conditional uses. She clarified where this was currently allowed in Dania and gave the details for the text amendment. The board would have to make a recommendation to the City Commission tonight. City Attorney Boutsis gave the definition of “hen” meaning “female chicken”. The Chair called for board questions and Board Member De Las Salas asked about the process and the Deputy Director explained. He was for keeping fowl in residential districts but thought this was restricted and onerous with regulatory framework that it could not be complied. He would like to make a motion to amend the minimum lot size of 10,000 square feet. Board Member Rosner also asked about the 10,000 square foot lot size and the Deputy Director explained that as well as spoke about what other cities did. The City Attorney questioned if the lot size requirement was reduced, would the City have to reduce the 20 foot distance requirement from an adjacent structure. Discussion ensued. Motion was made by Board Member De Las Salas to amend the required lot size from 10,000 to 6,000 square feet in TX-051-25 and was seconded by Board Member Rauhe. Motion passed 5-0. There were no further board edits and no members of the public requested to speak. Motion was made by Board Member De Las Salas to recommend approval of amended TX -051 -25 with the new, required 6,000 square foot lot size to the City Commission and was seconded by Board Member Rauhe. Motion passed 5-0. IV. BOARD ITEMS 1. City Commission actions on items previously heard by the Board: Deputy Director Lajoie answered about the items listed on today’s agenda. •VC-023-25 Scotland Vacation  1st Reading on January 13th City Commission • TX-038-25 Reasonable Accommodation Text Amendment  1st Reading on January 13th City Commission • TX-046-25 Certified Recovery Residence Definitions & Zoning District  1st Reading on January 13th City Commission • TX-037-25 Plat Text Amendment, 1st Reading  2nd Reading on January 13th City Commission • TX-036-25 VMP Text amendment, 1st Reading  2nd Reading on January 13th City Commission • TX-041-25 Com. Outreach SP/DRC amendments 1st Reading  2nd Reading on January 13th City Commission • TX-042-25 CU/PRD/Wheel Stops/GTWY-MU 1st Reading  2nd Reading on January 13th City Commission 2. Upcoming Meeting dates: February 18, 2026 Deputy Director Lajoie invited the board to attend the Green Advisory Board Resiliency Workshop at 6:00PM on February 18th held one hour prior to the next P&Z Meeting in February. V. PUBLIC COMMENTS None. VI. MEETING ADJOURNED As all business was completed, the meeting was adjourned at approximately 7:19PM by the Chair without objection. ATTEST _______________________________ ___________________________________ ANDREA SANDOVAL PÈREZ CHAIR W. QUINN ROBERTSON ACTING BOARD CLERK PLANNING AND ZONING BOARD/LPA (Date) (Date) For more details regarding this meeting of the Planning and Zoning Board/Local Planning Agency, please request a file of the meeting by calling Ibel Larios at (954) 924-6805 X3643 or emailing ilarios@daniabeachfl.gov. ORDINANCE NO. 2026-___ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY 2700 GRIFFIN HOLDINGS LLLP, A FLORIDA LIMITED LIABILITY LIMITED PARTNERSHIP FOR PROPERTIES GENERALLY LOCATED AT 4880 SW 28th AVE AND 4901 SW 27th TERRACE, IN THE CITY OF DANIA BEACH, FLORIDA, TO REZONE THE PROPERTIES FROM TWO-FAMILY RESIDENTIAL DISTRICT (RD-8000) AND SINGLE-FAMILY 6000 RESIDENTIAL (RS-6000) TO PLANNED RESIDENTIAL DEVELOPMENT DISTRICT (PRD-1) (UNDER APPLICATION RZ-034-24), SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 28, “Land Development Code,” (“LDC”) Part 6, “Development Review Procedures and Requirements,” Article 645 “Rezoning” of the City Code of Ordinances (the “City Code”), 2700 Griffin Holdings LLLP, a Florida limited liability limited partnership (the “Applicant”) has applied to the City of Dania Beach (the “City”) for approval of a Rezoning (RZ-034-24) from RD-8000 and RS-6000 to PRD-1 for properties generally located at 4880 SW 28th Ave and 4901 SW 27th Terrace, respectively, as legally described in Exhibit “A;” and WHEREAS, the City Planning and Zoning Board, sitting as the Local Planning Agency, (the “LPA”) held a duly advertised public hearing on January 21, 2026, and determined that the proposed rezoning is consistent with the goals and objectives of the City of Dania Beach Comprehensive Plan, and therefore recommended approval of the proposed Rezoning (RZ-034- 24) request; and WHEREAS, the rezoning of the parcel to PRD-1 is consistent with the City’s FLUM; and WHEREAS, the Planning and Zoning Board is required to conduct one (1) duly noticed public hearings in accordance with law; and WHEREAS, the City Commission is required to conduct two (2) duly noticed public hearings in accordance with law; and WHEREAS, the City Commission finds that the approval of the proposed Rezoning (RZ- 034-24) will protect the public health, safety, and welfare of the residents of the City, and further the purpose, goals, objectives and policies of the Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the preceding “WHEREAS” clauses are ratified and incorporated as a record of the legislative intent of this Ordinance. Section 2. That pursuant to Chapter 28 “Land Development Code,” Part 6 “Development Review Procedures and Requirements,” Article 645 “Rezoning,” the Rezoning request (RZ-034-24) from RD-8000 and RS-6000 to PRD-1 for the properties generally located at 4880 SW 28th Ave and 4901 SW 27th Terrace, as legally described in Exhibit “A,” is approved, subject to the following condition: 1. A Declaration in Lieu of a Unity of Title be recorded in the Public Records of Broward County, Florida within thirty (30) days of the date of this Ordinance or this Ordinance shall be deemed null and void. Section 3. That issuance of a development permit by a municipality does not in any way create any right on the part of an applicant to obtain a permit from a state or deferral agency and does not create any liability on the part of the municipality for issuance of the permit if the applicant fails to first obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. Section 4. That if any section, clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 5. That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed to the extent of such conflict. Section 6. That this Ordinance shall be effective 10 days after this passage and adoption on second reading. PASSED on first reading on __________________, 2026. PASSED AND ADOPTED on second reading on __________________, 2026. First Reading: Motion by: _____________________________________ Second by: _____________________________________ Second Reading: Motion by: _____________________________________ Second by: _____________________________________ FINAL VOTE ON ADOPTION: Unanimous ____ Yes No Commissioner Lori Lewellen ____ ____ Commissioner Luis Rimoli ____ ____ Commissioner Archibald J. Ryan IV ____ ____ Vice Mayor Marco Salvino ____ ____ Mayor Joyce L. Davis ____ ____ ATTEST: ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY EXHIBIT “A” LEGAL DESCRIPTION REED LAND CO SUB 2-32 D 32-50-42 LOT 4 S 86 OF N 408 OF W 165 OF E1/2 BLK 2 SEMINOLE PARK SUB 24-32 B LOT 4 BLK 2 EXHIBIT “B” PROPOSED LOTS FOR REZONING GRIFFIN ROAD (STATE ROAD NO. 818) BENCHMARK BENCHMARK BE N C H M A R K SW 2 8 T H A V E N U E BENCHMARK SW 2 7 T H T E R R A C E BENCHMARK BENCHMARK ONE STORY BUILDING SW 2 8 T H A V E N U E N0 0 ° 5 5 ' 5 2 " W 33 8 . 3 1 ' N43°42'59"E 42.16' N88°21'49"E 224.01' S46°23'09"E 35.51' S0 1 ° 0 8 ' 0 7 " E 2 5 6 . 7 9 ' N88°21'49"E 15.00' S0 1 ° 0 8 ' 0 7 " E 8 6 . 0 0 ' S88°21'49"W 295.17' POINT OF BEGINNING COMMERCIAL BUILDING COMMERCIAL BUILDING ON E S T O R Y BU I L D I N G DANIA BEACH, FLORIDA 33312 ORDER NO.: 74862 SUNRISE, FLORIDA 33351 5381 NOB HILL ROAD 2730-2750 GRIFFIN ROAD CLIENT: 2750 GRIFFIN HOLDINGS LLLP SURVEY DATE: 9/22/25 SCALE: 1" = 30'DRAWN BY: B.E. BYREVISIONSNO. CHECKED BY: J.F.P. VICINITY MAP GRAPHIC SCALE NOTES: LEGAL DESCRIPTION: CL LEGEND (CITY OF DANIA BEACH, BROWARD COUNTY) SW 2 7 T H A V E N U E SW 2 8 T H A V E N U E SW 2 8 T H T E R R A C E GRIFFIN ROAD (STATE ROAD NO. 818) CERTIFICATION: SURVEY SITE . ¨ ¨ ¨ GRIFFIN ROAD (STATE ROAD NO. 818) BENCHMARK BENCHMARK BE N C H M A R K SW 2 8 T H A V E N U E BENCHMARK S W 2 7 T H T E R R A C E BENCHMARK BENCHMARK ONE STORY BUILDING SW 2 8 T H A V E N U E N0 0 ° 5 5 ' 5 2 " W 33 8 . 3 1 ' N43°42'59"E 42.16' N88°21'49"E 224.01' S46°23'09"E 35.51' S0 1 ° 0 8 ' 0 7 " E 2 5 6 . 7 9 ' N88°21'49"E 15.00' S0 1 ° 0 8 ' 0 7 " E 8 6 . 0 0 ' S88°21'49"W 295.17' POINT OF BEGINNING COMMERCIAL BUILDING COMMERCIAL BUILDING ON E S T O R Y BU I L D I N G DANIA BEACH, FLORIDA 33312 ORDER NO.: 72626 SUNRISE, FLORIDA 33351 5381 NOB HILL ROAD 2730-2750 GRIFFIN ROAD CLIENT: TURNER PLANNING SOLUTIONS LLC SURVEY DATE: 4/27/24 SCALE: 1" = 30'DRAWN BY: B.E. BYREVISIONSNO. CHECKED BY: J.F.P. VICINITY MAP GRAPHIC SCALE NOTES: LEGAL DESCRIPTION: CL LEGEND (CITY OF DANIA BEACH, BROWARD COUNTY) SW 2 7 T H A V E N U E SW 2 8 T H A V E N U E SW 2 8 T H T E R R A C E GRIFFIN ROAD (STATE ROAD NO. 818) CERTIFICATION: SURVEY SITE . ¨ ¨ ¨ Order ID:7915294 Page 3 of 3 12/31/2025 9:29:20 AMPrinted: GROSS PRICE * :$279.30 * Agency Commission not included SSC_Notice of Public MeetingPACKAGE NAME: name1 name2 add city state zip zip 4 1630 SW 4TH AVE LLC 835 NE 16 TER FORT LAUDERDFL 33304 4576 2484 SW 10 ST LLC 475 BRICKELL AVE #2813 MIAMI FL 33131 26 RESIDENCE LLC 4031 SW 54 CT DANIA BEACH FL 33314 2700 GRIFFIN HOLDINGS LLLP 2790 STIRLING RD #10 HOLLYWOOD FL 33020 2741HATZ LLC 9180 EQUUS CIR BOYNTON BEA FL 33472 2748 SOUTH WEST REALTY LLC 811 AVENUE W BROOKLYN NY 11223 2750 GRIFFIN HOLDINGS LLLP 2790 STIRLING RD STE 10 HOLLYWOOD FL 33020 2857 LLC 20315 NE 15 CT MIAMI FL 33179 2950 GRIFFIN ROAD LLC% ANGELA SULEYMANOVA 4801 29TH WAY STE 6 FORT LAUDERDFL 33312 307-309 DANIA INC 1019 SE 8 CT 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WILDRIDGE REV TR 2740 SW 46 PL FORT LAUDERDFL 33312 5656 WILSON,CAROLYN F 4950 SW 29 AVE FORT LAUDERDFL 33312 WINTERS,PAUL D 4950 SW 28 AVE FORT LAUDERDFL 33312 YEAA LLC% HYB HOLDING LLC 151 N NOB HILL RD STE 455 PLANTATION FL 33324 YEDIDIM USA INC 872 EAST PLANTATION CIR PLANTATION FL 33324 YONKER,EMILY J 4897 SW 26 AVE FORT LAUDERDFL 33312 5901 YOUNG,DONNA J 4941 SW 29 AVE FORT LAUDERDFL 33312 5811 ORDINANCE NO. 2025-______ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 28 “LAND DEVELOPMENT CODE”; PART 2, “SITE DEVELOPMENT REGULATIONS”; ARTICLE 205, TABULAR SUMMARY OF SITE DEVELOPMENT STANDARDS FOR ALL ZONING DISTRICTS”; TO CREATE SECTIONS 205-11 THROUGH 205-16, TO IMPLEMENT THE CITY’S LIVE LOCAL DEVELOPMENT STANDARDS PURSUANT TO SECTION 166.04151(7), FLORIDA STATUTES, AS AMENDED; AMENDING ARTICLE 200. – “USER GUIDE FOR PART 2 OF THE CODE”, TO CREATE SECTION 200-60 ENTITLED "SITE PLAN REVIEW PROCEDURES FOR APPLICATIONS PURSUANT TO SECTION 166.04151(7), FLORIDA STATUTES," TO PROVIDE FOR DEVELOPMENT REGULATIONS AND ADMINISTRATIVE REVIEW OF CERTAIN AFFORDABLE HOUSING PROJECTS PURSUANT TO STATE LAW; AND CREATING SECTION 200-61 ENTITLED "IMPLEMENTATION PROCEDURES FOR SITE PLANS UTILIZING “THE LIVE LOCAL ACT"; PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the State of Florida adopted Chapter 2023-17, Laws of Florida, effective July 1, 2023, known as the Live Local Act (the "Act"), which among other thing is designed to streamline and incentivize affordable housing within the State of Florida; and WHEREAS, the Act preempts certain use, density, and height regulations and imposes various obligations, including the requirement for a municipality to permit mixed-use residential development as an allowable use in any area zoned for commercial, industrial, or mixed-use if at least forty percent (40%) of the residential units are affordable, as defined in Section 420.0004, Florida Statutes, for a period of at least thirty (30) years; and WHEREAS, the Florida Legislature enacted additional amendments to Section 166.04151, Florida Statutes, through Senate Bill 1730 (2025), clarifying and expanding the preemption of local regulations relating to allowable uses, density, height, floor area ratio, administrative approval procedures, and parking reductions for qualifying affordable and mixed- use residential developments; and WHEREAS, the City Commission finds it necessary to amend and update its existing Live Local Act ordinance to ensure full compliance with the requirements of Section 166.04151, Florida Statutes, as amended, and to provide clear administrative procedures for the review and approval of Live Local development applications; and 2 ORDINANCE #2025-______ WHEREAS, the benefits afforded by the Act are only available to developments that provide certain threshold levels of affordable multi-family housing, which housing units are further required to remain affordable for at least thirty (30) years, but the Act is silent on issues related to compliance reporting, monitoring, and enforcement of the mandatory affordability requirements applicable to these developments; and WHEREAS, the City Commission has determined that it is appropriate and in the public interest to provide that projects proposed under the Act on commercial or industrial zoned properties are subject to the development regulations provided in this ordinance; and WHEREAS, qualifying Live Local mixed-use residential developments must include at least sixty-five percent (65%) of the total square footage as residential use, and further provides that a municipality may not require more than ten percent (10%) of the total square footage to be used for non-residential purposes; and WHEREAS, the City is committed to providing a sustainable community for its residents and future generations, and ensuring an adequate tax base to support public services is an essential component of developing and maintaining such a sustainable community; and WHEREAS, the City of Dania Beach may not require more than ten percent (10%) of the total square footage of a Live Local mixed-use development to be used for non-residential purposes; and WHEREAS, the Act requires that an affordable housing project proposed under the Act must be administratively approved, without further action by the governing body, if the development satisfies the City's Land Development Regulations and is consistent with the City's Comprehensive Plan, with the exception of provisions establishing allowable densities, height, and land use (which are established in, and preempted by, the Act), and complies with all other applicable requirements of state and local law; and WHEREAS, the Act provides that the City must consider the possibility of reducing parking requirements for projects developed under the Act if the project is located within one-half mile of a major transit stop, as defined in the City's Land Development Code, if the major transit stop is accessible from the development. The City does not currently have a definition of major transit stop and wishes to adopt one and provide related parking incentives; and 3 ORDINANCE #2025-______ WHEREAS, the City Commission supports affordable housing and finds it necessary to revise the City Code in order to establish equitable regulations for the development of mixed- income mixed-use residential developments in order to implement the provisions of the Act; and WHEREAS, the City is adopting the regulations contained within this ordinance to provide for implementation of the Act, which was effective as of July 1, 2023, and has determined it is appropriate for all for projects under the Act to be processed in accordance with the regulations contained within this ordinance, and to apply these regulations to any application or submission for an application under the Act; and WHEREAS, the City Commission finds and determines that updating the City's Code of Ordinances to implement the Live Local Act is in the best interest of the residents of Dania Beach. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the above “WHEREAS” clauses are ratified and confirmed as being true and correct, and they are made a part of and incorporated into this Ordinance by this reference. Section 2. That Chapter 28 entitled the “Land Development Code”, Part 2, “Site Development Regulations,” at Article 205, “Tabular Summary Of Site Development Standards For All Zoning Districts,” is amended as follows: * * * CHAPTER 28 LAND DEVELOPMENT CODE * * * PART 2, “SITE DEVELOPMENT REGULATIONS” Article 205 Tabular Summary of Site Development Standards for all Zoning Districts. * * * Sec. 205-11. Mixed Use or Multifamily Developments Pursuant To Section 166.04151(7), Florida Statutes, Under The Live Local Act. (a) Intent and Purpose. The purpose of this section is to establish procedures and regulations for the development of multifamily or mixed use affordable housing developments pursuant to the provisions of Section 166.04151(7), Florida Statutes, as created by Chapter 2023-17, Laws of Florida, the "Live Local Act" (the "Act"), which development involves at least forty percent (40%) of units which must 4 ORDINANCE #2025-______ qualify as affordable housing units, as defined in Section 420.0004, Florida Statutes, to accomplish the following purposes: (1) Protect and promote the public health, safety, and general welfare of the residents of the City; (2) Facilitate the orderly and efficient development of affordable multi-family housing in the City pursuant to the Act; (3) Specify the City zoning districts to which this section is applicable and within which Live Local developments proposed pursuant to the Act are authorized and may be approved administratively pursuant to the Act; (4) Confirm the Land Development Regulations applicable to proposed Live Local developments under the Act, including acknowledgment of the statutory mandates regarding use, height, and density; (5) Provide for a mixed-use Live Local development such that the City may approve a Live Local Development if at least 10 percent of the units included in the project are for housing that is affordable. Provide the minimum non-residential floor area for Live Local developments proposed under the Act in order to ensure a meaningful mixed-use development to support community sustainability and to reduce vehicle trips and vehicle miles traveled, whereby a mixed-use project must provide a minimum of 40 percent commercial on the ground floor; and (6) Establish an administrative approval process for Live Local developments under the Act. (7) Ensure Live Local development for mixed-use residential projects allocate at least 65 percent of the total square footage for residential purposes, without requiring more than 10 percent of the total square footage be used for nonresidential purposes. Live Local projects must contain at least 65 percent residential use multifamily, and at least with (8) 40 percent Live Local as affordable housing. Authorize multifamily and mixed use residential as allowable uses in any area zoned for commercial, industrial, or mixed use, and in portions of any flexibly zoned area such as a planned unit development permitted for commercial, industrial, or mixed use, if at least 40 percent of the residential units in a proposed multifamily development are rental units that, for a period of at least 30 years, are affordable. (b) Applicability. Applications for a Live Local development pursuant to this section must be deemed complete prior to October 1, 2033. No applications for Live Local developments shall be accepted after October 1, 2033 unless the legislature extends or reenacts Section 166.04151(7), Florida Statutes, and the City Commission extends these deadlines accordingly. (c) Definitions. 5 ORDINANCE #2025-______ Allowable density means the density prescribed for the property in accordance with this subsection without additional requirements to procure and transfer density units or development units from other properties. Commercial use means activities associated with the sale, rental, or distribution of products or the performance of services related thereto. The term includes, but is not limited to, such uses or activities as retail sales; wholesale sales; rentals of equipment, goods, or products; offices; restaurants; public lodging establishments as described in s. 509.242(1)(a); food service vendors; sports arenas; theaters; tourist attractions; and other for-profit business activities. A parcel zoned to permit such uses by right without the requirement to obtain a variance or waiver is considered commercial use for the purposes of this section, irrespective of the local land development regulation’s listed category or title. The term does not include home-based businesses or cottage food operations undertaken on residential property, public lodging establishments as described in s. 509.242(1)(c), or uses that are accessory, ancillary, incidental to the allowable uses, or allowed only on a temporary basis. Recreational uses, such as golf courses, tennis courts, swimming pools, and clubhouses, within an area designated for residential use are not commercial use, irrespective of how they are operated. Industrial use means activities associated with the manufacture, assembly, processing, or storage of products or the performance of services related thereto. The term includes, but is not limited to, such uses or activities as automobile manufacturing or repair, boat manufacturing or repair, junk yards, meat packing facilities, citrus processing and packing facilities, produce processing and packing facilities, electrical generating plants, water treatment plants, sewage treatment plants, and solid waste disposal sites. A parcel zoned to permit such uses by right without the requirement to obtain a variance or waiver is considered industrial use for the purposes of this section, irrespective of the local land development regulation’s listed category or title. The term does not include uses that are accessory, ancillary, incidental to the allowable uses, or allowed only on a temporary basis. Recreational uses, such as golf courses, tennis courts, swimming pools, and clubhouses, within an area designated for residential use are not industrial use, irrespective of how they are operated. Major transportation hub means any transit station with collocation of more than one major mode of transit, defined as a combination of bus and train or light rail station; or where at least three bus routes with peak hour service intervals of 30 minutes or less, including one route of a regional nature, are located at the same facility with appropriate pull-ins or other bus bays at the station. Such major transportation hubs shall also offer a mix of other transportation options such as micromobility services, complete sidewalks, bicycle infrastructure, and rideshare access, along with shelter and shade for passengers to be deemed a major transportation hub. Major transit stop shall mean a stop with at least 150 square feet of overhead shelter for commuter rail service or at least three bus rapid transit routes. For the purpose of this definition, commuter rail service and bus rapid transit routes provide average scheduled morning (7:00 A.M. to 9:00 A.M.) and evening (4:00 P.M to 6:00 P.M.) peak hour service intervals of 30 minutes or less. Mixed use means any use that combines multiple types of approved land uses from at least two of the residential use, commercial use, and industrial use categories. The term does not include uses that are accessory, ancillary, incidental to the allowable uses, or allowed only on a temporary basis. Recreational uses, such as golf courses, tennis courts, swimming pools, and clubhouses, 6 ORDINANCE #2025-______ within an area designated for residential use are not mixed use, irrespective of how they are operated. Transit-Oriented Development or Area Mixed-use development that combines a pedestrian- friendly environment with retail or entertainment ground floor uses and significant amounts of office space and housing, and located within one-quarter (¼) to one-half (½) mile side-walk route to a transit station. Specifically, a TOD provides continuous, shaded sidewalks with street furniture and minimal driveway interruptions, paseos where appropriate, and nearly continuous shop frontage. The City, for the purposes of Live Local Act, has not designated any area of the city as a transit-oriented development. Planned Unit Development (PUD) means an area of land that is planned and developed as a single entity or in approved stages with uses and structures substantially related to the character of the entire development, or a self-contained development in which the subdivision and zoning controls are applied to the project as a whole rather than to individual lots. Unified control means all land included for purpose of development within a Planned Unit Development (PUD) district shall be under the control of the applicant (an individual, partnership, or corporation, or group thereof of individuals, partnerships, or corporations). The applicant shall present satisfactory legal documents constituting to constitute evidence of the unified control, subject to approval of the entire area, which shall be approved by the City Attorney. Unified control shall only be required where a developer elects to utilize a Planned Unit Development zoning district. Unified control shall not be required as a condition to utilize the development rights, density, building height, floor area ratio, or land use allowances authorized. Upon application for a PUD (if voluntarily elected) rezoning, the applicant shall agree as follows: (1) To proceed with the Live Local development according to the approved plans provisions of this division and the affordability requirements as established by state law and recorded covenant; (2) To provide agreements, contracts, covenants, deed restrictions, and sureties acceptable to the City for completion of the development according to the plans approved at the time of site plan approval and for continuing operations and maintenance of such areas, functions, and facilities, which are not proposed to be provided, operated, or maintained at public expense; and (3) To bind their successors in title to any commitments made under the above. All agreements and evidence of unified control shall be reviewed by the City Attorney and no site plan for a development shall be approved without verification by the City Attorney that such agreements and evidence of unified control meet the requirements of this section. (d) Zoning Districts permitting Live Local developments. Live Local developments shall be permitted in all zoning districts where commercial, industrial, or mixed-use development is allowed, bBased on the requirements of Florida law, Live Local 7 ORDINANCE #2025-______ developments shall be permitted in the following zoning districts:. The following districts are examples of districts in which Live Local developments may be permitted: (A) Neighborhood Mixed-Use (NBHD-MU) (B) South Federal Highway Mixed-Use (SFED-MU), (C) Gateway Mixed-Use (GTWY-MU), (D) East Dania Beach Boulevard Mixed-Use (EDBB-MU), (E) Planned Mixed-Use Development (PMUD), but only within portions of the PMUD that are permitted for commercial, industrial, or mixed-use development pursuant to the approved PMUD master plan, (F) Planned Small Lot Mixed-Use Development (PMUD-SL), subject to the same applicability described in (E) above, (G) General Commercial District (C-4), (H) General Industrial (IG), (I) Restricted Industrial (IR), (J) Industrial-Research-Office (IRO), (K) Industrial-Research-Office-Marine (IROM), (L) Industrial-Research-Office-Marine Airport Approach (IROM-AA), and (M) Industrial-Research-Office-Commercial (IROC) (N) Port Everglades Development District (PEDD) Where a zoning district contains more than one subarea or regulating plan, Live Local Act development eligibility applies only to those portions of the district where commercial, industrial, or mixed-use development is permitted. (e) Applicable development regulations. (1) Unified development site lot. A Live Local development may consist of one or more contiguous parcels under common ownership or control at the time of application. Unified control shall only be required to the extent necessary to ensure functional operation, access, and maintenance of shared spaces. Parcel aggregation may not be conditioned upon a rezoning, special exception, or variance. All land included for purposes of a Live Local development, including all residential and non-residential components shall be under unified control. (2) Required residential use. 8 ORDINANCE #2025-______ a. Equivalency of affordable dwelling units. 1. Affordable dwelling units and market rate units shall be located within the same structure or shall be proportionately distributed between multiple structures, if such are proposed, such that every development structure contains both (at least 40% affordable) and market rate units in equal proportions; in no event shall a Live Local development structure consist entirely of market rate units. 2. All common areas and amenities within a Live Local development shall be accessible and available to all residents (both affordable and market rate units). 3. Access to the required affordable dwelling units shall be provided through the same principal entrance(s) utilized by all other dwelling units in the development, provided that for townhouse-style affordable dwelling units, each unit shall have its own entrance. 4. The sizes and number of bedrooms in the affordable dwelling units shall be proportional to the sizes and number of bedrooms in the market rate units (e.g., for number of bedrooms, if twenty-five percent (25%) of the market rate units consist of two (2) bedrooms, then twenty-five percent (25%) of the affordable units shall also have two (2) bedrooms, etc., maintaining a proportional distribution across unit types and within each structure). 5. Affordable dwelling units shall be developed simultaneously with, or prior to, the development of the market rate units. 6. If the development is phased, the phasing plan shall provide for the construction of affordable units proportionately and concurrently with the market rate units. 7. The exterior appearance of affordable units shall be the same as the market rate units and shall provide exterior building materials and finishings of the same type and quality. 8. The interior building materials and finishes of the affordable units shall be the same type and quality as the market rate units, including but not limited to all electrical and plumbing fixtures, flooring, cabinetry, counter tops, and decorative finishes. b. Affordability commitment. 1. Pursuant to Section 166.04151(7), Florida Statutes, at least forty percent ‘40%) of the multi-family residential units shall remain affordable, as defined in Section 420.0004, Florida Statutes, for a period of at least thirty (30) years. The property owner shall execute and deliver to the City for recordation in the public records, on a form approved by the City Attorney, a covenant, declaration of restriction, or 9 ORDINANCE #2025-______ other deed restriction in favor of the City ensuring compliance with this affordability requirement. 2. Any violation of the affordability requirement shall result in a monetary penalty to be deposited into the general fund. Such monetary penalty shall be assessed as a daily fine of two hundred fifty dollars ($250.00) per day per violation until proof of compliance has been provided to the City. The monetary penalty shall not be subject to mitigation or otherwise modified by any board, including but not limited to the Code Enforcement Special Magistrate. This provision is in addition to any other enforcement action pursuant to code or agreement. (3) Allocation of shared space in multifamily Live Local projects. a. Lobby, service areas, and amenity areas exclusively serving the residential uses of a Live Local development shall be considered residential square footage use. b. Common ground floor lobby, service areas, and amenity areas within a structure housing both residential and non-residential uses shall be proportionately allocated to the residential and non-residential square footage requirements. (4) Site design. a. Live Local developments located on land zoned commercial or mixed use must locate all development, residential and non-residential uses on the same (or unified) plot. b. Live Local developments located on land zoned industrial must locate all nonresidential uses in a structure separate from any residential uses. Structures used for industrial purposes need to be buffered and setback from the residential structures in the same manner, applying setbacks, landscape buffers, and other applicable regulations as if the residential structures were on a separate site, to ensure compatibility between residential and industrial uses; provided, however, that such separation and buffering requirements shall not be applied in a manner that reduces the allowable density, height, or floor area ratio permitted. (5) Development standards. a. The following standards are applicable to all Live Local developments regardless of the zoning district they are located in: 1. Maximum density and height 10 ORDINANCE #2025-______ (i) With respect to the residential component of a Live Local development, the maximum density shall be the greater of the highest currently allowed or allowed on July 1, 2023, density on any land in the City where residential development is allowed under the City’s land development regulations by right, excluding any density granted through bonuses, variances, or special exceptions without incorporation of any bonus (incentive) density. (ii) The maximum height shall be the greater of the highest currently allowed or allowed on July 1, 2023, for a commercial or residential development within the City and within one (1) mile of the proposed development, or three (3) stories, whichever is higher, excluding any height granted through bonuses, variances, or special exceptions. The height provisions above are subject to the adjacency and historic structure limitations. (iii) The minimum permissible floor area ratio for a Live Local development shall be no less than one hundred fifty percent (150%) of the highest floor area ratio currently allowed or allowed on July 1, 2023, for any property within the municipality where residential development is permitted, whichever is less restrictive. Any floor area ratio provided through bonus, variance, or special exception programs shall not be included in this calculation. (iv) If the proposed development is adjacent to, on two or more sides, a parcel zoned for single-family residential use that is within a single- family residential development with at least 25 contiguous single- family homes, the municipality may restrict the height of the proposed development to 150 percent of the tallest building on any property adjacent to the proposed development, the greater of the highest currently allowed or which was allowed on July 1, 2023, height for the property provided in the municipality’s land development regulations, or 3 stories, whichever is higher, not to exceed 10 stories. For the purposes of this paragraph, the term “adjacent to” means those properties sharing more than one point of a property line, but does not include properties separated by a public road or body of water, including manmade lakes or ponds. (v) If the proposed development is on a parcel with a contributing structure or building within a historic district which was listed in the National Register of Historic Places before January 1, 2000, or is on a parcel with a structure or building individually listed in the National Register of Historic Places, the maximum building height may not exceed the highest currently allowed, or allowed on July 1, 2023, height for a commercial or residential building located within three-fourths of a mile of the proposed development, or 3 stories, whichever is higher. 11 ORDINANCE #2025-______ The City shall administratively require the proposed development to comply with local regulations relating to architectural design, such as facade replication, provided it does not affect height, floor area ratio, or density of the proposed development. (vi) For mixed-use residential projects, at least 65 percent of the total square footage must be used for residential purposes. The City shall not require that more than 10 percent of the total square footage of such mixed-use residential projects be used for nonresidential purposes. 2. Minimum air-conditioned dwelling unit size consistent with Section 230- 40 of the Land Development Code: (i) Efficiency: Five hundred (500) square feet; (ii) One (1) bedroom: Seven hundred and fifty (750) square feet; (iii)Two (2) bedrooms: nine hundred (900) square feet; (iv) Three (3) or more bedrooms: One thousand one hundred fifty (1,150) square feet for the first three (3) bedrooms, plus one hundred fifty (150) square feet for each additional bedroom/den. 3. All other applicable land development code development standards shall apply unless specifically regulated in this section. (6) Parking requirements. a. Upon request of the applicant, required parking for a Live Local development shall be reduced by fifteen percent (15%) if the development is located within one-quarter (1/4) mile of a transit stop and the transit stop is accessible from the development. b. Upon request of the applicant, required parking for a Live Local development shall be reduced by at fifteen percent (15%) if the development is located within one-half (1/2) mile of a major transportation hub that is accessible from the development by safe, pedestrian-friendly means, or if parking available for use by residents is located within six hundred (600) feet of the development. The City shall not require that available parking be used to offset the required reduction. c. Required parking shall be eliminated for a Live Local development located within an area designated by the City as a transit-oriented development (TOD) area. To qualify for this reduction, the proposed development which is located within a transit-oriented development or area must be mixed-use residential and otherwise comply with requirements of the City’s regulations applicable to the transit-oriented development or area except for use, height, density, floor area ratio, and parking. 12 ORDINANCE #2025-______ d. All parking reductions under this subsection shall be processed administratively and shall not require approval of the City Commission or any board. (7) Optional Approvals for Affordable Housing under the Live Local Act. a. Notwithstanding any other law or local ordinance or regulation to the contrary, the City may elect to approve the development of housing that is affordable, as defined in F.S. 420.0004, including, but not limited to, a mixed use residential development, on any parcel zoned for commercial or industrial use, or on any parcel, including any contiguous parcel connected thereto, which is owned by a religious institution as defined in s. 170.201(2) which contains a house of public worship, regardless of underlying zoning, so long as at least 10 percent of the units included in the project are for housing that is affordable. b. Such election shall be made at the sole discretion of the property owner. No property shall be deemed eligible under this subsection unless the owner affirmatively applies for development under the Live Local Act and provides all appropriate affidavits and guarantees related to the 10% affordable housing requirement. Approvals requested under this section must be heard in a duly noticed public hearing and approved by a majority vote of the City Commission. c. This provision shall only apply to residential, and mixed uses which include residential as a component of the mixed-use. The proposed development shall be subject to the same development regulations as the zoning district in which it is located, with the exception of parking, landscaping, façade, minimum unit sizes, and other regulations as provided by the city which are specifically applicable only to residential-type developments. d. The City shall require the proposed development to comply with local regulations relating to architectural design, such as facade replication, to provide for development consistent with quality housing and neighborhood compatibility. e. The City shall require parking as prescribed in Article 265. f. The City shall require landscaping as prescribed in Article 275. g. Minimum air-conditioned dwelling unit size consistent with Section 230- 40 of the Land Development Code: (i) Efficiency: Five hundred (500) square feet; (ii) One (1) bedroom: Seven hundred and fifty (750) square feet; (iii)Two (2) bedrooms: nine hundred (900) square feet; 13 ORDINANCE #2025-______ (iv) Three (3) or more bedrooms: One thousand one hundred fifty (1,150) square feet for the first three (3) bedrooms, plus one hundred fifty (150) square feet for each additional bedroom/den. g. All other applicable land development code development standards shall apply unless specifically regulated in this subsection. Non-adherence to any set standard in this subsection shall be grounds for denial of an application under this subsection. h. Proximity to uses that are incompatible with residential uses, including, but not limited to, public safety considerations and industrial hazards shall be grounds for denial of an application under this subsection. i. No variance to this subsection shall be provided. Sec. 205-12 Development Regulations. Qualifying development shall comply with the development regulations provided in the following development regulation table. (a) Properties zoned South Federal Highway Mixed-Use, Gateway Mixed-Use, or East Dania Beach Boulevard Mixed-Use are to following the development regulations identified for each zoning district provided in Article 300 unless superseded by Section 205-11. (b) Properties zoned Planned Mixed-Use Development, Planned Mixed Use Development – Small Lot, General Commercial, General Industrial, Industrial Restricted, Industrial Research Office, Industrial Research Office Marine, or Industrial Research Office Marine – Airport Approach are to follow the development regulations and design standards identified in Section 205-13, of the LDR unless superseded by Section 205-11. (c) Properties zoned Port Everglades Development District (PEDD) are to follow the development regulations and design standards identified in Section 115-30 unless superseded by Section 205-11. Sec. 205-13 Development Regulations table for Planned Mixed-Use Development, Planned Mixed Use Development – Small Lot, General Commercial, General Industrial, Industrial Restricted, Industrial Research Office, Industrial Research Office Marine, or Industrial Research Office Marine – Airport Approach The development regulations in this table shall not be applied to reduce the allowable density, height, or floor area ratio permitted. DEVELOPMENT REGULATIONS Planned Mixed-Use Development, Planned Mixed Use Development – Small Lot, General Commercial, General Industrial, Industrial Restricted, Industrial Research Office, Industrial Research Office Marine, or Industrial Research Office Marine – Airport Approach Required setbacks and yards: Minimum front yard setback 25’ 14 ORDINANCE #2025-______ Minimum rear yard setback 30’ Minimum street side setback 25’ Minimum interior side setback 15’ Minimum lot width 100’ Minimum lot depth 100’ Minimum building separation 100’ Parking space requirements Per Article 265, except that parking shall be reduced or eliminated where required under Sec 205-11 (e ) (6) Landscape requirements Per Article 276 Pervious area requirements Per Section 215-130, except where the maximum lot coverage requirement would exceed 150 percent of the greater of the highest currently allowed, or allowed on July 1, 2023, then this 150 percent shall serve as the maximum lot coverage. Sec. 205-14 Additional design standards for properties fronting Griffin Road, Stirling Road, Sheridan Street, Bryan Road and Anglers Avenue/Ravenswood Road. (a) The following design standards are applicable to any property having frontage on any of the following roadways within the City of Dania Beach: 1. Griffin Road 2. Stirling Road 3. Sheridan Street 4. Bryan Road 5. Anglers Avenue (Ravenswood Road) (b) Purpose. The purpose of the standards in this article is to promote design, which is architecturally compatible with the surrounding area and the design goals of the City of Dania Beach. The design standards in this section shall not be applied to establish or effectively reduce allowable height, density, or floor area ratio for a Live Local development. (c) Intent. The standards in this article are intended to discourage generic suburban development types that bear little relation to the historic development pattern of Dania Beach. (d) City Commission Approval. Live Local Act developments shall be reviewed and approved administratively in accordance with state statutes, and shall not require legislative or quasi-judicial action by the City Commission or the Local Planning Agency if the development satisfies the City’s land development regulations for multifamily developments in areas zoned for such use and is otherwise consistent with the comprehensive plan, with the exception of provisions establishing allowable densities, floor area ratios, height, and land use. The City Commission may not approve exceptions to this article as conditions to a site plan approval , waivers, or modifications to Live 15 ORDINANCE #2025-______ Local standards. If a proposed development cannot meet the requirements of the Live Local Act or this article without discretionary relief, the applicant must withdraw the Live Local Act request and submit a standard development application, variance request, or other applicable procedure under the City’s Land Development Code. upon making the following findings: 1. There are circumstances peculiar to the site or the intended use that makes compliance with a particular requirement of this article impracticable; and 2. The applicant has offered significant enhancements to other pertinent aspects of the site that the City Commission determines will offset any negative impacts that an exception to these standards might otherwise create. (e) Appearance. 1. All structures on a site shall create a unified architectural theme. 2. All building façades shall be articulated through the use of a coherent and clear architectural design that incorporates rhythms in form and construction details. Buildings shall be designed to incorporate rhythms in form and construction details. 3. Buildings facing a public street or interior courtyard space shall be architecturally emphasized through entrance treatment, fenestration, and building details. Buildings with more than one (1) façade facing a public street shall provide treatment for each façade. 4. Roof and exterior wall surfaces, with the exception of glass areas, shall be nonreflective. Opaque surfaces and reflective or mirrored type glazing at ground level visible from the sidewalk is prohibited. 5. The use of flat steel or metal panels for the exterior walls is prohibited. 6. The rear and sides of buildings shall be finished with material that in texture and color resembles the front of the building. 7. Glass windows and doors must make up at least thirty-five (35) percent of the primary elevation and fifteen (15) percent of the secondary elevation, except where additional fenestration is required in the CRA form-based zoning districts. On ground stories, the minimum required glass façade area shall be measured between a height of two and one-half (2.5) feet and eight (8) feet above the abutting grade. The windows shall not be covered or opaque. Display is permitted provided there is functional cross-vision between the inside and outside of the store. Display windows should be accented with awnings or other architectural features. 8. The coloration of all buildings shall be nature blending with a maximum of three (3) colors exclusive of roof. The use of "earth tone" or light pastel colors is encouraged. Semitransparent stains are recommended for application on natural wood finishes. 9. Canopies, if utilized, shall provide a minimum clearance of fourteen (14) feet in height for areas accommodating vehicles and a minimum clearance of ten (10) feet in height for non- 16 ORDINANCE #2025-______ vehicular areas, and shall be consistent with the main building design. The canopy columns shall be architecturally finished to match the building. 10. Heating, ventilation and air conditioning equipment, duct work, air compressors, other fixed operating machinery shall be either screened from view or located so that such items are not visible from the designated arterial, adjacent residential properties or intersecting streets. 11. No temporary structures shall be permitted, except those allowed in article 675, "Temporary Uses" and associated signage. Office-type mobile units when used as temporary facilities shall be screened from view from the designated arterial and equipped with rigid skirting on all sides. Any towing gear shall be removed, and if not removable, shall be screened from the designated arterial. 12. A minimum distance of eight (8) feet shall be maintained between the front of any building, including any walkway immediately adjacent thereto, and the parking area. This space is to be reserved for landscaping, either existing or planned, and is required to have a minimum three-foot-wide strip for plant material. No such space is required at the sides or rear of the building unless there is an adjoining residential use. This requirement is not applicable within the CRA form-based zoning districts. 13. Windows and doors visible from any listed arterial street shall not be obstructed by security bars or similar devices. 14. Windows and doors visible from any listed arterial street shall not be obstructed by storm or security shutters or panels, except as provided in chapter 8, section 8-186 of the Code of Ordinances (Storm shutter placement). 15. Commercial development must comply with article 275, "Landscaping Requirements", provided that the street tree requirements shall be altered to require palm clusters on the ends of landscape buffers. The palm clusters shall consist of three (3) palms with a minimum height of thirteen (13) feet. 16. Where hedges are utilized and adequate space exists, a tiered effect is required. 17. Landscaped areas shall be surrounded with a six-inch raised concrete curb. Grade within areas to be landscaped shall be raised to curb height. 18. Chain link, barbed wire and similar fencing along a designated arterial are prohibited. Where such fencing can be viewed from a designated arterial, landscaping, berming, or both shall be provided to minimize visibility from the designated arterial. 19. Perimeter walls, if utilized, shall be architecturally compatible with the principal structure. 20. The design of buildings and parking facilities shall take advantage of the natural features and topography of the project site, where appropriate. 17 ORDINANCE #2025-______ 21. Existing specimen trees shall, to the greatest extent possible, be preserved or relocated on site and integrated into the landscape plan. 22. Roads, pedestrian walks and open spaces shall be designed as integral parts of an overall site design. 23. Parking areas shall be landscaped and screened from public view to mitigate their visual impact. 24. Parking areas shall be designed with careful regard to orderly arrangement, landscaping, and ease of access, and shall be developed as an integral part of an overall site design. 25. The site development plan shall be designed to be compatible with existing and conforming development, and proposed development in the area surrounding the project site. (b) Multifamily/Mixed Use Option. A multifamily use is permitted subject to the development standards of the development regulations identified above (lot and yard requirements) and the following additional requirements for mixed-use developments: (1) The development may include commercial uses on the ground floor of the development such that the development is a mixed-use development as provided by the City of Dania Beach Comprehensive Plan. The following commercial uses shall be permitted: i. Athletic clubs/studios; ii. Banks and financial institutions with no drive-throughs; iii. Bakeries; iv. Delicatessens; v. Copy shop; vi. Day care centers; vii. Dry-cleaning establishments (no cleaning on premises); viii. Fast food restaurant with no drive-throughs; ix. Retail establishments; x. Office (business, professional and medical); xi. Personal service establishments; xii. Restaurants; xiii. Retail pharmacy; and xiv. Retail stores and those uses which are customarily accessory and clearly incidental to the principal permitted use, excluding smoke shops, cannabidiol (CDB) sales, and discount retail. 18 ORDINANCE #2025-______ (2) The mixed-use development shall be located abutting an arterial roadway and shall occupy the majority of the ground floor building area (excluding parking garages). Sec. 205-15 Regulatory Compliance. (a) In addition to the provisions set forth above, Live Local developments shall comply with all other Land Development Regulations applicable to multi-family developments. (b) All aspects of the Live Local development shall be consistent with the City's Comprehensive Plan, with the exception of provisions establishing allowable use, height, and density. (c) The City shall not impose a development moratorium, processing delay, or suspension of permitting that would prevent or postpone a Live Local development, except as expressly permitted under state law relating to water, sewer, stormwater capacity, and only for the duration permitted by state law (d) Compliance with applicable laws and regulations. In addition to the provisions set forth herein, Live Local developments shall comply with all other applicable state and local laws and regulations. 205-16 Expiration or Loss of Live Local Development Status. (a) Loss for failure to meet affordability requirements. (1) An approved project which fails to maintain the required number of affordable dwelling units and does not comply with the affordable housing requirements of this section after notice and ninety (90) days to cure, shall be considered non-conforming as to all portions of the development that do not comply with use and development regulations applicable based on the assigned zoning designation. (b) Expiration of covenant. A Live Local development, for which a covenant guaranteeing affordable housing has expired, shall be considered: (1) A legal conforming use, so long as the development maintains the same levels and standards of affordable housing. (2) A legal non-conforming use, if the number of required affordable dwelling units originally required under the covenant are not maintained as affordable. And shall be subject to the City’s nonconforming code provisions. Section 3. That Chapter 28 entitled the “Land Development Code”, Part 2, “Site Development Regulations”, Article 200, “User Guide For Part 2 Of The Code” is amended as follows: 19 ORDINANCE #2025-______ * * * CHAPTER 28 LAND DEVELOPMENT CODE * * * PART 2, “SITE DEVELOPMENT REGULATIONS” ARTICLE 200. - USER GUIDE FOR PART 2 OF THE CODE * * * 200-60 Live Local Site Plan Approval required. (a) Construction, except as provided for Live Local buildings or improvement on any site may commence only following approval of a site plan by the City Commission. All construction and improvements shall conform to such approved site plan per Article 635 of the LDR. (b) Live Local development projects developed pursuant to Section 166.04151(7), Florida Statutes, shall be processed administratively under Section 200-61, Site Plan Review Procedures for Applications Pursuant to Section 166.04151(7), Florida Statutes. Sec. 200-61 Site Plan Review Procedures For Applications Pursuant To Section 166.04151(7), Florida Statutes. (a) Preplan review. The applicant shall review the proposed site plan with the Community Development Director, or designee, to confirm general compliance with the requirements of Section 205-11, "Development pursuant to Section 166.04151(7), Florida Statutes, under the Live Local Act," the land use designation, zoning and application provisions of the City code and Section 166.04151(7), Florida Statutes, as amended from time to time. (b) Filing. (1) Application. The applicant shall submit the proposed site plan to the Community Development Director, or designee. The application shall include: a. All information shall be submitted pursuant to the City’s site plan application requirements and application form as identified in Article 635, of the LDR. b. An Affidavit of Commitment. The applicant must file an Affidavit of Commitment, in a form provided by the City, to record a covenant detailing the affordable housing restrictions (and to comply with the monitoring and compliance requirements of the City). The covenant will detail income mix and required affordability, with a release provision ensuring that the covenant is in place for thirty (30) years from temporary certificate of occupancy (TCO) or certificate of occupancy (CO) and may only be released earlier by bringing the project info full compliance with all zoning and land use provisions applicable to the site at the time of the release. The City will provide 20 ORDINANCE #2025-______ the form covenant and monitoring and compliance forms upon submittal of the application. c. Legal documents demonstrating unified control of the proposed development site and providing for maintenance and cross-access as applicable. d. A specific purpose survey demonstrating the one (1) mile distance for the proposed height determination (unless the comparator site is so obviously close to render this unnecessary) with a brief analysis of the comparator site. Such documentation is for verification only and shall not limit or reduce the allowable height or density entitlement. eg. A brief analysis of the comparator site for the proposed density determination. fh. Easily visible notes on the site plan legend or data sheet, indicating the project is a Live Local Act, Section 166.04151(7), Florida Statutes, project. gi. A table, or tables, indicating the ratio of residential and non-residential square footage and affordable and market rate residential units. h. Applicants requesting a parking reduction must provide the appropriate information detailing the location and distance from the development to the transit stop, or major transportation hub as applicable, as well as all associated facilities that provide continuous access between the entrance of the development and the transit stop or major transportation hub. (2) Fees. The Community Development Director, or designee, will compute the required filing and review fees. Such fees are due upon the date of submittal and are established in accordance with the City’s adopted fee schedule(pursuant to Section 605-40 and 685- 10), including, but not limited to any applicable impact fees and cost recovery charges. The applicant shall also digitally submit copies of a proposed preliminary engineering plan for the site. The filing fees are as follows: Site Plan $14,120.00 Site Plan Modification $11,700.00 (c) Review and recommendation by the Development Review Committee. (1) Development Review Committee members and departments responsible for development application review shall submit written recommendations to the Director of Community Development, or designee, according to a review schedule. Fees are to be approved by the City Commission, via resolution, as may amended from time to time. (2) The applicant will be notified in writing of comments concerning the site plan submission. Revisions, additions, or corrections will be reviewed together by the Community Development Director, or designee, the Development Review Committee, 21 ORDINANCE #2025-______ and the applicant. Required revisions and any other information required by the director of Community Development Director, or designee, and the Development Review Committee shall be resubmitted by the applicant within thirty (30) days of the review. Failure of any applicant to submit information or revised plans as required above shall result in cancellation of the application unless an extension is agreed to by the applicant and the Director of Community Development, or designee. The applicant may also submit a waiver on a form provided by the City. Further, the applicant will be required to resubmit an application, including review fees according to the fee schedule adopted by the City Commission. Applicants may withdraw an application at any time. (3) Any fees collected in conjunction with development review are nonrefundable. (d) Administrative review. (1) The Community Development Director, or designee, shall review the Development Review Committee comments, applicant responses, and final proposed plans and facade renderings, and based on compliance with the City’s Land Development Regulations, comprehensive plan, and applicable state laws, shall approve, approve with conditions, or deny the final site plan and issue a written development order, including findings supporting the decision. The decision of the Community Development Director, or designee, shall be final and shall not require review or approval by the City Commission or any other quasi-judicial or administrative board. The decision of the Community Development Director, or designee, may be appealed to the City Commission pursuant to Section 615-30, "Administrative Appeals." (2) If the proposed project does not meet applicable land development regulations other than use, height, or density standards, the applicant may elect to withdraw the Live Local Act request and proceed under the City’s standard development review procedures. Live Local Act projects may not be conditioned upon, nor require, variances, special exceptions, waivers, conditional uses, participation in a transfer of development rights (TDR) program, or amendments to an adopted Development of Regional Impact (DRI) development order, municipal charter, or similar governing document. Projects must be reviewed for compliance consistent with the statutory criteria and without additional local prerequisites beyond those expressly authorized by state law. If the proposed project does not meet the City's Land Development Regulations, excepting use, height, or density as preempted by state law, the applicant may apply for a variance or other procedure and shall follow those procedures as provided in the code, including review by the Development Review Committee, Planning and Zoning Board, and City Commission. (e) Modifications to approved site plan. Modifications to a site plan approved under this section may be permitted by the administrative approval of the Director of Community Development, or designee. Proposed modifications shall be reviewed by the Development Review Committee, as provided in subsection 635-80 above if the Community Development Director, or designee, determines the modification, complies with the criteria identified in Section 635-80(b) of the LDR. 22 ORDINANCE #2025-______ (f) Expiration or extension of site plan approval. A site plan approval or extension shall comply with Section 645-100 of the LDR. However, upon expiration of a project under this section, the property will be governed by the entitlements allowed under the property’s zoning without the benefit of the preemptive provisions of Section 166.04151(7), Florida Statutes. (g) Denial. If a Live Local application is denied due to failure to satisfy applicable objective standards, the applicant may resubmit at any time once the deficiency is corrected. Denial of an application shall preclude the applicant from refiling the same application for one year from the date of denial consistent with Section 649-60 of the Land Development Code. (h) Demolition. The city must administratively approve the demolition of an existing structure associated with a proposed development under this subsection, without further action by the board of county commissioners or any quasi-judicial or administrative board or reviewing body, if the proposed demolition otherwise complies with all state and local regulations. * * * Section 4. That if any section, clause, sentence, or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 5. That it is the intention of the Mayor and City Commission of the City of Dania Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Dania Beach, Florida and codified by Municode. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. Section 6. That all ordinances or part of ordinances in conflict with the provisions of the Ordinance are repealed. Section 7. That this ordinance shall take effect 10 days after passage on second reading. PASSED on first reading on _____________________, 2025. PASSED AND ADOPTED on second reading on ____________________ 2025. First Reading: Motion by: _____________________________________ Second by: _____________________________________ 23 ORDINANCE #2025-______ Second Reading: Motion by: _____________________________________ Second by: _____________________________________ FINAL VOTE ON ADOPTION: Unanimous ____ Yes No Commissioner Archibald Ryan ____ ____ Commissioner Luis Rimoli ____ ____ Commissioner Lori Lewellen ____ ____ Vice Mayor Marco Salvino ____ ____ Mayor Joyce L. Davis ____ ____ ATTEST: ____________________________ _________________________________ ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY 24275 Page 2 of 2